Custody death prison guards on trial

Mar 1 2007

FOUR prison guards "could and should" have prevented a Birmingham prisoner on suicide watch from hanging himself, a court was told.

The jury at Northampton Crown Court heard today that Michael Bailey, from Ladywood, was twice sent to the segregation unit of HMP Rye Hill in mid-March.

Bailey was described in court as a self-confident young man who was serving four years for possession of cocaine, but his mental condition had started to deteriorate rapidly.

Rachel Brand QC, prosecuting, told the jury that, before his death, "for several days Mr Bailey had been behaving oddly and saying very strange things. He had been showing clear signs of mental disturbance, he was saying things like: 'I'm ready to be baptised, get me the chaplain, I'm ready to die'."

Bailey was put on suicide watch in the segregation unit where he was meant to be observed by officers six times each hour, but shortly after midday on March 24, 2005, he hanged himself by tying a shoelace to the door of his cell.

Miss Brand added: "The breach of duty by each of these defendants was such a significant breach that it amounted to the crime of manslaughter by gross negligence.

"In simple terms, we say that without their gross negligence, if they had done their duty fully and properly as they should have done, then Michael Bailey would not have been in the position to take his life. They could have and should have prevented this man from having the means and the opportunity to commit suicide."

Daniel Daymond, 23, of Rugby, denies manslaughter by gross negligence and aiding and abetting perverting the course of justice.

Paul Smith, 39, of Birchwood, Warrington, and Samantha Prime, 29, of Rugby, both deny a single charge of manslaughter by gross negligence.

Ben King, 21, of Southbrook, Daventry, denies perverting the course of justice.

(Proceeding)