Court
Gov Settles Covid Prison Claims
Modest payments were made ‘in the name of public interest’
The gov has settled claims with four people held at the Prison during the period when lockdown measures were enforced at the height of Covid.
A fifth case has been thrown out by the High Court, with the court ruling there was no breach of human rights or the duty of care.
Wayne Mellor was detained in B wing of the Prison between April 20 2020 and May 1 2020. At that time, B wing was the induction wing for all new admissions to the Prison and it was operating under an exceptional regime due to the rapidly developing COVID-19 crisis.
Mr Mellor alleged that the conditions of his detention breached Articles 3 (inhuman or degrading treatment) and 8 (respect for private and family life) of the Convention. He also alleged breach of the common law duty of care owed to him by the Defendant.
He was one of several people to have brought the case against the DHA, all represented by advocate Ian Kermode. However, Mr Mellor was the only person who carried through to a full court appearance.
The report, from Deemster Christopher Cope said: ‘Over time, various claimants discontinued. Then, by email dated March 31 2023, Mr Kermode informed the Court that all the remaining claimants except Mr Mellor had reached a settlement agreement with the Defendant.
‘Mr Kermode also informed the Court that Mr Mellor’s legal aid certificate had been discharged and that he was not instructed by Mr Mellor privately. Mr Kermode requested an order for dismissal of the settled claims and that he be released as Advocate on record for Mr Mellor. I made that order.’
During Mr Mellor’s time in prison, it was decided that, to reduce the risk of Covid-19 entering the prison, all new admissions were to be held in isolation for 14 days on B-Wing in cells of approximately 7.5m2.
On arrival, they were entitled to a shower and a phone call, after which point there was no access to showers or telephones or outside exercise. People held were given exercise instructions and doors were opened once a day at about 11.30am when food and medicines were provided for the next 24 hours.
Among Mr Mellor’s complaints were that he ‘objected to having to eat and perform bodily functions in the same enclosed space’ and, due to the lack of a shower, ‘could not maintain basic standards of personal hygiene’.
Despite this, Deemster Cope accepted the DHSC’s case that the cells and conditions were adequate and did not breach Mr Mellor’s human rights.
The DHA
In a press release reflecting on the verdict, the DHA sad: The department appreciates that the experience, for both prisoners and staff, while these measures were in place would be particularly difficult. They were introduced during a time of global uncertainty, but the department would like to assure all involved that the Prison Governor and staff acted in the best interests of all at the Prison.
‘As the only prison on island, robust measures were needed to ensure its continued safe and secure operation. It is a testament to the work of the Governor at the time and his staff that there were no lives lost in prison due to the virus.’
It further added that the settlements reached with the other claimants were ‘settled on a ‘no admission’ basis, with modest payments made in the name of public interest’, essentially it was cheaper than going for a full court case including legal aid etc.
