RE: THE ZAHID MUBAREK INQUIRY WITNESS

RE: THE ZAHID MUBAREK INQUIRY
WITNESS STATEMENT OF
CHRISTOPHER KINEALY
I, Christopher Kinealy of HM Prison Altcourse, Fazakerley Liverpool L97 LH will say as
follows:
1.
I am
a Psychiatric
subcontracted
Nurse who
is employed
by Primecare
and am currently
to work for Group Four who operate HM Prison Altcourse.
I have
been asked to provide a witness statement to the public inquiry into the death of
Zahid Mubarek.
I make this statement from facts and information within my own
knowledge which I believe to be true.
I have been asked in preparing this witness
statement to give evidence on identified areas which I will refer to during the course
of this my witness statement.
General Employment History
2.
I am a Psychiatric Nurse who is double qualified as an RGN and RMN.
work as an RMN in January
1977.
I started
I have worked for the Prison Service since
November 1998 and before then I managed a nursing home for 4 years.
Since
November 1998 I have worked at HM Prison Altcourse where I currently work as a
Psychiatric Nurse.
My Witness Statement dated 12 June 2000
3.
Exhibited to this witness statement marked (WB 418-419) is a copy of the witness
statement
I gave to the police on 20 June 2000.
This statement
related to my
meeting with Robert Stewart at HM Prison Altcourse on 16 November 1999 and the
subsequent
entries I made in Robert Stewart's
Inmate Medical Record (IMR).
I
confirm that the statement I gave to the police is complete and accurate and there is
nothing I would add or correct in that statement.
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4.
In November 1999 I was a trained nurse whose speciality was psychiatry.
I had
worked as a Psychiatric Nurse for 22 years although in 1999 I had only worked for
the Prison Service for one year.
I have a particular
disorders.
Indeed, as a Psychiatric
Nurse I have to complete
registration
education
every three years.
interest
in psychopathic
five days of post
This is compulsory.
As part of this
continuing education in February 2002 I wrote an essay on psychopaths an abridged
version of which was published
in the prison paper.
This essay was written from
research I have done in this particular area and from personal experience. A copy of
this is exhibited to this statement (IB 13123-13145).
5.
With regard to my meeting with Robert Stewart on 16 November
1999 I cannot
remember the details of this meeting (IB 590). I have a vague recollection of talking
to James Farrell following the meeting but as for the meeting itself I honestly cannot
remember it.
6.
As far as I can recall this was my only meeting with Robert Stewart.
great many prisoners but sometimes
remember.
I have met a
I will meet one who stands out and who I will
However, out of the many prisoners I have seen Robert Stewart does not
particularly stand out and I cannot recall meeting him on any other occasion.
Robert
Stewart was not that unusual when compared with other prisoners I have met during
the course of my job. I believe that I was asked to see Robert Stewart by Mr James
Farrell on the prison wing.
Had I been asked to see Stewart in the medical centre
then it is standard routine that I would have read his medical records. However as I
was on the wing I would not have had his medical records with me and so would not
have been able to read them.
This is not unusual as I am often asked to see
prisoners on the wing and therefore
do not have their medical records to hand.
However, I would have read his discipline record which are 2052SH forms.
I would
point out that nurses can read both 2052SH forms and an inmate's medical records
(IMR) whereas Prison Officers can only read 2052SH forms and not an IMR as these
are confidential.
Further, nurses can make entries in both an IMR and on their
2052SH form or disciplinary record.
7.
I cannot recall whether I read Robert Stewart's medical records or 2052SH form
when I interviewed him on 16 November 1999.
However, nothing of my interview
with Robert Stewart stiqks in my memory and therefore it appears to be a normal
standard
interview
which
I have had with many inmates
understand that Mr Farrell has said in a statement
before and since.
I
that he mentioned to me that
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Robert Stewart's quietness
seemed at variance with the suggestion that he was a
problem prisoner but I cannot recall these comments being made by Mr Farrell.
8.
I cannot recall whether
I was aware that Robert Stewart had been subject to a
F2052SH procedure whilst at Hindley in late 1997. I cannot recall whether I was told
that Robert Stewart had been involved in an incident that culminated
in the fatal
stabbing of another prisoner although I am sure that had I been told that information
it would have stuck in my memory. I cannot recall at the time whether I was aware
that Robert Stewart was a problem prisoner.
information
Mr Farrell may have told me this
but I can not recall now whether I was aware of the incidents of bad
behaviour involving Robert Stewart.
9.
I cannot recall any details about the interview with Robert Stewart and therefore rely
on what is contained within my statement to the police and my written note.
I can
only now conclude from the written records I have seen that Robert Stewart must
have been cooperative
to enable me to write so much.
I cannot recall what was
discussed with Robert Stewart although I note the conclusion I reached that he had a
"long standing deep seated personality disorder".
them on two bases, one is a question
questions.
When I interview an inmate I judge
and answer session
where I ask open
The other involves my own experience obtained over 22 years. It may be
described as intuition but, having worked as a Psychiatric Nurse for 22 years, I knew
what I was looking for. When I am asked to see an inmate by a Prison Officer they
normally ask me two questions, first is the prisoner mad and secondly is the prisoner
dangerous?
The first question has a clinical answer but the second is a lot harder.
It
is partly based upon the inmate's past history and partly on how he comes across in
an interview.
In Robert Stewart's case although I cannot recall details of our meeting
I do recall he presented as an unpleasant
person although he did not particularly
stick in my mind as some of the people I interview do.
10.
I have seriously tried to estimate the number of inmates I have seen whilst I have
been at Altcourse
and I would estimate that it is over 15 thousand
people. It is
therefore very difficult to recall individuals unless there is something distinctive about
that individual.
I can recall nothing that distinctive about Robert Stewart at the time
that I interviewed him.
11.
Some inmates will ask to see a Psychiatric Nurse themselves.
wing manager or Prison Officer will put in a referral.
On other occasions a
My meeting with Robert Stewart
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appears to be a case where a Prison Officer, James Farrell, was concerned about
Robert Stewart's behaviour.
themselves
Referrals can arise when a prisoner does something
which causes them to be referred to a Psychiatric Nurse or a Prison
Officer has concerns or the prisoner asks for a referral themselves.
12.
When I interview a prisoner I am not simply concerned with diagnosis of their mental
state. Part of my job is to decide whether they are a threat to Prison Officers or other
inmates.
If I believe that a prisoner is a threat then there are procedures to follow
such as putting in an intelligence report.
I will put in a Security Intelligence Report
(SIR) if I fear that a prisoner is a threat or is likely to commit other offences.
regularly put in such reports but did not put one in for Robert Stewart.
I
I could not
have concluded from our interview that he was a risk or I would have put in an SIR
on him. It is my job when interviewing prisoners to assess if either they are a risk to
other inmates or to officers and if I reach that conclusion then I could talk to the wing
manager, to the duty operations manager, to the duty director, or refer the prisoner to
a doctor or speak to my immediate boss who at the time was Lesley Jones. This is a
standard procedure that I follow.
Further, if I put in an SIR on a prisoner then I have
to inform my boss or a senior nurse that I have done so.
13.
I am informed that Mr Farrell has said that after my interview with Robert Stewart on
16 November 1999 I told him that Stewart was a psychopath and explained that as
meaning
Stewart
had no conscience
or remorse
over what he did.
I do not
specifically recall saying this to Mr Farrell but it is probable that I did. It is my practice
when an officer asks me to talk to a prisoner to go back and have a chat with the
officer explaining what the position is.
I have a vague recollection of talking to Mr
Farrell after the interview and I believe I would have explained to him in laymen's
terms very briefly what a psychopath was. This would have been a brief meeting on
the wing when a lot else would have been going on and therefore
I was merely
simplifying a complex issue in layman's terms.
It has to be appreciated that I am
usually pressed for time in such circumstances
as there are usually a number of a
Prison Officers who want me to speak to prisoners.
14.
I have been asked to explain whether,
at the time of my interview with Robert
Stewart, it was my view that personality disorders were treatable by any method and
the basis for the view.
This follows from my statement
to the police.
I have also
been asked whether it was my view that a psychiatrist had no role to play in dealing
with a prisoner suffering from a personality disorder as opposed to a medical illness
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and the basis for that view.
Whether a personality disorder is treatable or not is a
very complex question and I would refer to the essay I wrote on the subject which is
exhibited to this statement.
I remain of the opinion that Robert Stewart could not be
treated, in that he could not be given medication as he was not suffering from an
actual mental illness.
Stewart.
It is my view that a psychiatrist had no role in treating Robert
A personality disorder is not a mental illness but a mental condition and so
cannot be treated by conventional
medicine.
This does not mean that Robert
Stewart's condition could not improve but such an improvement could only take place
over time, provided he was in the right environment.
statement
Having re-visited my police
it remains my view that Robert Stewart was suffering from a personality
disorder and not a mental illness and as such his condition was not treatable by
medication.
15.
There were arrangements
psychiatrist.
at the time at HMP Altcourse for obtaining the input of a
To obtain such an input I would put a referral in with the doctor.
system worked well as a doctor would never refuse one of my referrals.
This
There was a
weekly visit by a psychiatrist at which time those patients referred would be seen.
16.
There were occasions when I would refer a prisoner who was, or might be, suffering
from a personality disorder to the psychiatrist but the only time I would make such a
referral was if I was concerned that the prisoner with the personality disorder might
commit a serious offence in the future.
On such occasions I would not have thought
that the prisoner had a mental illness but would have sought a second opinion. This
is not an exact science and each case is judged on its merits.
I could not have
thought that Robert Stewart was a threat otherwise I would have made a referral to a
psychiatrist.
17.
In my police statement I say "1 know I did not consider that Robert Stewart presented
an immediate high risk danger".
There are definitely certain circumstances
where
some prisoners suffering from a personality disorder might represent a significant risk
to others.
In those circumstances you can only really ascertain whether an individual
is a risk to others based on what the individual actually tells you.
For example, a
prisoner recently told me that when he was released he would murder his mother
whilst another listed all the people he hated which included women, ethnic groups
and homosexuals.
In those circumstances
I would refer them to a psychiatrist, put in
an SIR and make an entry into their F2052.
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18.
I cannot recall whether I was aware that Robert Stewart was sharing a cell at the time
I interviewed him.
However I do not think that my assessment
of him as suffering
from a personality disorder had any implications for whether or with whom he ought
to be sharing a cell. Just because an inmate is suffering from a personality disorder
does not mean they cannot share a cell. Many people with such disorders in prison
make friends and get on well with the system and conditions they are in.
19.
I cannot recall whether during the course of my discussion with Robert Stewart
I
gained the impression that he held racist views or hostility towards any particular
group.
However, had I gained such an impression then I would have recorded it in
my notes.
20.
The F2052 I refer to in my police statement is the form F2052A which is kept on the
prison wing.
question
The purpose of the entry is to record who had seen the inmate in
and the date of the interview.
information
on the F2052
I would
not put confidential
but would have included
individual had threatened self harm, violence or escape.
then I would put in an SIR
information
medical
such as if the
If I had any other concerns
and when I put in such a report I always tell the Wing
Manager that I have done so. An SIR can cover a number of matters and can also
include opinion and the information contained therein need not necessarily be based
in facts.
Attacks by One Prisoner on Another
21.
It is difficult to comment
on the frequency
of prisoner on prisoner attacks.
On
occasions there can be a fight between prisoners and then no attacks for a long
period of time.
That being said, some prisoner on prisoner attacks probably go
unreported as prisoners do not want to complain to staff.
22.
Since I have been at HM Prison Altcourse
assault.
I have seen two incidents of serious
On one occasion a prisoner attacked another prisoner with an iron and on
another a prisoner stabbed a fellow prisoner in the throat with a broken coffee jar.
However, such attacks are very rare.
Race Relations
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23.
In my experience in the prison service I have not come across much tension between
different ethnic groups.
This, I believe is because Liverpool as a city is very tolerant
of ethnic groups and also because HM Prison Altcourse is very progressive.
I have
never heard an officer make a racist comment and have not really come across it
prisoner to prisoner.
24.
Indeed I am surprised how little racism there is.
What gangs there are in prison tend to be based more on geographical location.
example there are Liverpool,
Manchester,
prison who tend to stick together.
Crewe and Wrexham
For
gangs within the
Race is not really an issue and the prison has race
relation officers and race relation training for its staff.
Practice and Procedures
25.
I a_n specially trained in admission procedures at Altcourse and I assess prisoners on
their admission.
waiting room.
All new prisoners are searched upon arrival and then placed in a
They are then individually strip searched and their belongings taken
from them. Legal belongings such as razors, medication and 'phones are listed and
stored.
Illegal goods such as drugs and alcohol are disposed of. The prisoner is
then photographed and given an induction by the Prison Officers.
26.
After the induction talk the new admission is seen by a Nurse, either an RGN or an
RMN but preferably an RMN. This is a physical, mental and social observation.
prisoner's height, weight and blood pressure are taken.
The
The prisoner is asked what
substances if any they are on or have taken in the past.
A history is then taken of
their physical and mental illnesses and any history of self harm. The prisoner is also
asked what medication they are on and also whether they have received any recent
physical injuries. The nurse assess whether a prisoner needs to go to the hospital
wing for observation or whether they need to go to a detoxification wing. If a prisoner
is infor
murder, manslaughter
or a sentence of more than 10 years then they are
offered the opportunity to go to the hospital wing to be observed during their first
night in prison.
All new admissions are then seen by the doctor within 24 hours of
their arrival.
27.
Upon arrival an IMR is made out.
documents
Occasionally
we may
receive
supporting
from outside regarding an individual prisoner which will be put in their
IMR. At present all this documentation
is paper based as we have only just brought
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in computers for Health Care Services.
That being said, the paper based system
worked.
28.
In HM Prison Altcourse the 'bottom line' for the particularly violent and dangerous
prisoners is the unfurnished cell in the segregation unit.
With regard to vulnerable
prisoners there is an anti suicide suite where a vulnerable prisoner can be put in a
cell with two carers who are volunteer
individuals.
In my experience
prisoners
most prisoners
trained
in looking
after such
are very good at looking
after
individuals that are in prison for the first time and if prisoners have a concern about a
fellow prisoner then they may refer those concerns to Wing Officers or Health Care
Workers. At HM Prison Altcourse we also have an observation/gated
cell which has
a plastic door to enable us to observe individuals.
29.
If a prisoner has concerns with regard to their own safety then they would normally
approach either an officer or a nurse. If a prisoner feels he is under threat then often
he would ask to go to the hospital wing.
However just because a prisoner is under
threat does not mean that they are automatically
admitted to the hospital wing. In
HMP Altcourse a prisoner under threat would be offered a place on the protection or
rule 43 wing, although many prisoners do not want this because
of the stigma
attached to rule 43 prisoners. As a result prisoners will tell staff they must go to the
hospital wing because they are ill and it is one of my jobs to assess prisoners to see
if the prisoner does have a genuine mental illness or if they are pretending to have a
mental illness because of some threat.
Traininq
30.
All nurses are regularly trained on resuscitation.
I often carry out informal training
with other staff on issues such as psychiatry which is my speciality.
General
31.
I have never felt that there has been a problem with the financial resources available
at HM Prison Altcourse.
I also do not believe that the size of the establishment's
population causes a problem.
At the time Robert Stewart was in Altcourse the prison
population was 800, it has now risen to 1,010. There is however a large turnover of
inmates and this creates a huge work load for staff. Altcourse is like a revolving door
with the same inmates coming in and out. The transient nature of the population is a
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problem but of course we have no control over individual's activities once they are
released.
32.
The time of day when prisoners arrive at HM Prison Altcourse can cause a problem.
The latest that new admissions
have arrived
admission procedure can be rushed.
is midnight
and at this time the
The admissions office is small and therefore if
there is a large number of admissions there can be difficulties with confidentiality.
It
is noticeable that Mondays and Fridays are our busiest times for admissions and this
often causes problems.
33.
Recruitment and retention of staff at HM Prison Altcourse is good, as is morale.
34.
As previously mentioned
Altcourse.
I have never come across racial problems in HM Prison
I believe HM Prison Altcourse
is very good on issues such as racial
equality and equal opportunities.
STATEMENT OF TRUTH:
I believe that all facts stated in this Witness Statement are true.
Signed ..........................................
CHRISTOPHER
KINEALY
Dated ...........................................
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