Authors: Ian Todd
“
Good evening. My name is John Turney and these are the news headlines in Scotland tonight.
Scottish Prison Officer’s Association Chairman, Mike Johnston, has caused outrage in legal circles by demanding that the Secretary of State for Scotland sack Lord Berwick after his lordship asked for a public enquiry into allegations of systemic abuse against prisoners by prison officers in the country’s solitary confinement blocks. Lord Berwick’s call for the enquiry came as he found two prisoners not guilty of orchestrating a riot in Peterhead Prison in August of last year that caused a quarter of a million pounds in damages. Lord Berwick had to clarify the meaning of perjury to a number of prison officers, some of them in senior positions within the prison service, after they contradicted statements given at an earlier date. Lord Berwick said ‘It is quite clear that widespread abuse of inmates is taking place at regular intervals, including the use of excessive force in our institutions, which contradicts the government’s attempts at rehabilitating some of the worst offenders in society. Unless this excess is curbed, there is a danger that already dangerous individuals will leave prison more dangerous to communities than they were when first incarcerated’…
The Federation of European Car makers claim that Glasgow has the worst record of car thefts in Western Europe after statistics revealed that a car is stolen every fourteen minutes …
A police constable in the city’s Marine Division has been charged with taking bribes and perverting the course of justice. The unnamed officer, who has sixteen years exemplary service, including The Police Medal for bravery, is due to appear up in court at a later date. No details of the actual offences have been released…
An attractive eighteen-year-old girl was raped by two men at a party in a house on Barshaw Road, Penilee last night. The distressed youngster, who was heavily under the influence of drink, was rushed to the city’s Western Infirmary. Chief Inspector Ronald Bowling, caused outrage today after informing journalists that the girl was fine and allowed home from hospital after her ordeal. He then went on to issue a warning to teenage girls about the effects of alcohol and going out dressed provocatively to parties where temptation by drunken youths under the effects of alcohol played a big factor in their behaviour. Jill Shand, a ward sister at The Royal Infirmary and leading women’s rights campaigner has demanded that Inspector Bowling be severely reprimanded and demoted after the outrageous comment. Ms Shand went on to tell this programme that…”
Chapter Twenty Four
They sat patiently, in silence, as Miss Beaker noisily spread oot the cups and saucers oan the wee coffee table while she flirted unashamedly wae Thomas Peacock, The Department’s fat legal brief. There wur five biscuits oan the plate that she held oot tae each ae them in turn. A chocolate digestive, two ginger snaps, a custard cream and a Dumfries YOI kitchen-made, rich tea biscuit. The Brief goat offered first choice and swiped the chocolate wan. Next, the custard cream went tae the governor, followed by a ginger snap each tae Angus Diamond, the Scottish Governors’ Association rep and tae Dumfries’s newly installed chief prison officer, Henry Baker. SO Dick, the Prison Officers’ Association rep fae Dumfries YOI wis the only wan tae thank Miss Beaker, as he gratefully picked up the dry, tasteless piece ae cardboard that masqueraded as a Rich Tea biscuit. He wisnae bothered aboot the obvious pecking order oan display roond aboot him, he telt himsel. He wis jist happy tae be allowed in tae the big boys’ meeting. Getting fed crumbs or hit o’er the heid wae the shitey end ae the stick wis aw par fur the course fur the dedicated frontline staff within the Scottish Prison Service. The invitation tae the meeting hidnae come too soon fur him. He’d picked up grumblings doon at the club oan Friday night that some ae the boys hidnae been too happy aboot his representation ae their needs lately. The assault oan Specky Hamilton, The Tormentor, in the corridor leading tae the dining hall three weeks earlier hid forced the crack open and there wis noo a definite dribble ae pish running oot. When he’d received the invite, oot ae the blue an hour earlier, fae Miss Beaker, asking if he could attend the meeting, it hid come as a surprise. Nowan hid telt him that there hid been a meeting planned. Wan ae the boys across at the gatehoose hid phoned across and alerted him efter he’d clocked the fat arse ae the Edinburgh brief turning left intae Terregles Street in a car wae Department number plates oan it, the sly fucker. Efter receiving his invitation in the form ae a wee scrawled message oan a piece ae paper that hid been sent across tae the sewing machine shoap, he’d quickly managed tae let it be known amongst the staff that, as the key POA rep in the institution, he’d forced Governor Crawford’s haun and hid demanded inclusion. The only sticky bit hid been when Bob Stafford fae the sewing machine shoap hid asked him whit the meeting wis aw aboot. The SO hid managed tae body-swerve his way oot ae replying by telling Bob and the other three officers in the shoap that he hid tae go and dae a bit ae preparation and that he’d explain everything later. The main thing he’d assured them ae, wis that Donald Dick wis oan the case and that he’d be back wae good news fur them later oan in the day. It hid been that last bit that hid concerned him. He hidnae a bloody clue whit the meeting wis supposed tae be aboot. Bob, the stupid basturt that he wis, hid telt him in front ae the others that he wid call a meeting ae the members at five o’clock roond in the club when the YOs wur locked up efter they hid their evening meal. Aw the SO knew wis that he’d been invited, and that, as far as he wis concerned, wis his opportunity tae redeem himsel in the eyes ae the POA membership.
“Right then, gentlemen, shall we get started? You’ll all have had time to peruse and think about the agenda that was agreed last week,” The Governor said, smacking they lips ae his, noisily laying doon his cup oan the saucer in front ae him.
“Oh, er, Ah don’t seem tae hiv goat wan, Governor,” the SO said, looking aroond the group who wur aw sitting, surrounded by files.
“Oh? I’m sorry about that, Mr Dick. I’ll have a word with Miss Beaker afterwards. I’m sure it must have been an oversight on her part. We’re here to discuss the recent arrival of the YOs who are currently in solitary confinement and how we proceed. I’m sure your contribution to the discussion, on behalf of your members will be meaningful and helpful in finding a way forward. Now then, Thomas, if you would like to lead off,” The Governor asked pleasantly, looking across at the fat brief.
“Thank you, George. Right, so that we all know why I’m here and for the benefit of Mr Dick, I’m the main conduit between the Scottish Home and Health Department Prisons Section, otherwise known as The Department, and Dumfries YOI. Regarding the cohort of inmates that the governor is referring to, I understand that three inmates are on rule thirty six, one is on rule thirty nine and last but not least, one has been placed in solitary confinement for fourteen days as a result of an incident in Longriggend Remand Unit, where, as well as being the Governors’ Association Representative, Angus is also the governor. Now then, I suppose the glue that binds this meeting together is that the inmates already mentioned are known members of a notorious gang of thugs in Glasgow and because of that, gentlemen, concern has been raised in various quarters that these inmates may pose a particular risk by undermining the smooth running of this fine institution. To compound this concern, a few of them have been suspected…and I am emphasising the word ‘suspected’ here…of having been linked to a heinous murder some years back, that George’s dear wife had the misfortune of being caught up in the crossfire of. However, it is incumbent of me to remind everyone present, that what these inmates may have concerned themselves with, whilst on the outside, having not been charged, tried and convicted of, should not, in any way, influence how they are treated by The Department whilst serving sentences for other unrelated crimes.”
“I think that goes without saying, Thomas,” The Governor agreed.
“Yes, well, concern has been raised, on account of a petition to The Secretary of State by one of the inmates, an Anthony Gucci, that ‘harsh and unfair treatment, disproportionate to any offence committed’ is being directed towards him and the other inmates in solitary confinement,” The Brief said, looking up fae his file.
“Did Gucci refer tae The Governor’s wife in his petition, Thomas?” The Chief asked.
“No, from what I can gather, he’s a lot smarter than that, Henry,” The Brief replied, smiling.
“So, whit’s The Department’s problem then?” The Chief continued.
“Is the punishment that’s being meted out disproportionate?” The Brief asked, as aw eyes turned tae The Governor.
“Smith had hardly been in the building half an hour before verbally abusing my authority with references to my wife’s disability. Both Henry and I remember him from Polmont. He was nothing but trouble when I was the AG back in 1971.”
“Aye, claimed he wis a mute if ma memory serves me right. A right basket case, so he is. Never uttered a word in aw the time he wis there, although his actions mair than made up fur it. Caused the service a bloody fortune in replacing hauf the cell door locks in wan ae the wings, so he did.” The Chief agreed.
“And Gucci?” The Brief asked.
“Ye received the report and the statements fae the staff present at the meeting wae Gucci, Thomas. Whit mair is there tae say?” The Governors’ rep said.
“Well, having studied your report and staff statements, we, that is, The Department, don’t agree with your conclusion that Gucci was threatening staff or their families. At most, or at a push, it could be construed, in some quarters, that he may have been threatening a riot down here in Dumfries, although that conclusion could be legally challenged,” The Brief replied, looking across at the POA rep, who wis sitting fidgeting, clearly wanting tae butt in.
Silence.
“By who?” The Governor finally asked tersely.
“As well as Gucci’s petition, correspondence has been received from a Mr Graham Portoy, a Glasgow criminal solicitor, requesting clarification on why his client has been kept in solitary confinement under rule thirty six. This Portoy is threatening a legal challenge on his client’s removal from association with other inmates.”
“Ye’re bloody joking!” The Chief blurted oot.
“I’m afraid not, Henry.”
“I have the authority, as the governor of this institution, under the 1952 Prison Rules Act, to remove any inmate that I deem to be undermining the authority and safe management of this institution. Correct me if I’m wrong, Angus,” The Governor hauf-yelped in disbelief o’er at the chair ae the Governors Association.
“Ye hiv fae where Ah’m sitting, George,” Angus Diamond replied supportively.
“No-one is saying you don’t have the authority under the Act, George, but in this instance, you don’t. We, The Department, believe that your reasoning behind the decision is flawed and open to legal challenge. This solicitor, Portoy, has made it clear that he’s prepared to go all the way on this, on behalf of his client.” The Brief said quietly.
“On what grounds, for heaven’s sake?” The Governor demanded.
“Why have you placed Gucci’s co-accused, McCabe, on rule thirty six? What rule has he broken?”
“McCabe? Well, er, as you say, he’s Gucci’s co-accused…”
“And there’s nae smoke withoot fire,” The Chief added.
“…and I had every right to believe that any conspiracy on Gucci’s part, would involve his co-accused. Of that I am certain.”
“So, this McCabe fellow, has been placed on rule thirty six, in solitary confinement, on the assumption that he may or may not be part of this, er, conspiracy?” The Brief asked, glancing across at The Governors’ Association rep, before focussing in oan George Crawford.
“Thomas, with all due respect, it’s alright for the prisons manager, Jack Brown and his political secretary, Alistair Fleming, to sit back, up there in Edinburgh, dictating this and that. However, at the coalface, we governors have to respond to challenges every day of the week that may be distasteful to some well-meaning, liberal-minded people. I make no apologies for that.”
“George, I’ve heard Jack Brown called some interesting things in the past, but liberal certainly isn’t one of them. Look, there has never been a young offender placed on rule thirty six in Dumfries’s history. In fact, we’re not sure that the rule has ever been applied elsewhere within the YO side of the service either. Now, we don’t have any issues with governors exercising the authority they have, but there are wider implications to consider here. Gucci has a point, as far as The Department is concerned. Millions of pounds have had to be spent in rebuilding the adult prisons. So far, the YO institutions have been spared, although we do accept that it’ll only be a matter of time before they too erupt. We’ve already discussed these concerns with Angus. This has nothing to do with Gucci per se. The fact that he has pointed out the obvious shouldn’t automatically be interpreted as him threatening to burn the place down around about your ears.”
“Er, ah, er, if Ah may be allowed tae say something, sir?” Donald Dick, the SO asked The Brief, speaking fur the first time.
“Yes?”
“Wan ae that Gucci’s thugs his recently disfigured a brave prison officer’s face by punching it. Ah suppose ye’ll be expecting The Governor tae let him oot ae the chokey as well then?” Dickheid Dick, the SO said sarcastically, feeling the thrill ae getting wan o’er oan the fat, smug, pen-pushing lump ae lard.
“Well, since you’ve brought it up, er, Mr Dick. Having studied the evidence and spoken with the local constabulary investigating team, Dumfries Police have informed The Department that there’s not enough evidence to charge the inmate, Johnston, with assault. As I understand it, Mr Hamilton, the unfortunate officer who was assaulted, was in a corridor, supervising inmates when he was assaulted. As there were over forty inmates in the close confines of the corridor, the police have said they’ve not been able to establish who carried out the assault. On the other hand, this Johnston has put forward the names of four other inmates, who swear that he did not assault Officer Hamilton to his severe injury,” The Brief volunteered.
“That’s a damn lie! Everywan knows that it wis Johnston who threw that punch, so they dae,” The SO snarled.
“Well, unless you can provide enough witnesses to contradict those who have stated otherwise, there is no reason to hold Johnston on rule thirty nine, either,” The Brief informed the POA rep, while looking across at The Governor.
“Ma members won’t put up wae any ae this nonsense. Ah kin tell ye that right noo, so Ah kin,” The POA rep whined.
“I’m sure your members will accept the reality of the situation, Mr Dick, given their obvious knowledge of all things legal. Jack Brown, The Scottish Prisons Manager is always quoting from the correspondence he receives from the POA, reminding him of his legal duty,” The Brief said coldly.
“So, what are you actually saying, Thomas?” The Governor asked, knowing full well whit wis coming.
“Look, no-one wants to undermine the good job you and Henry are doing down here in Dumfries, George. What we’re saying is that we need to keep everything in perspective. You have five young thugs at the start of their sentence. You don’t have to quote their backgrounds to us. We have far more intelligence on them than you’ll ever have. I think we need to start afresh here. From what I can gather, none of them have actually caused any wide-spread disruption in Dumfries other than Smith’s verbal diarrhoea when he first arrived. As Henry has correctly pointed out, the boy is clearly deranged and unpredictable. Having read his background reports, he really should be in Carstairs, the state mental hospital, rather than in an establishment like this,” The Brief said wae a wave ae his haun. “I’ll look into that, if it helps.”
“So, you want them out of solitary? Is that what The Department is saying?”
“That’s your decision as governor, George. What we’re advising is that you consider the wider implications for The Department. If you do decide to make the right decision here, then anytime in the future that any one of these particular inmates step out of line, you’ll have the full support of The Department to deal with them ruthlessly,” The Brief purred soothingly.