UK: Mubarek Inquiry
01 March 2005
The public inquiry into the murder of Zahid Mubarek at HMP YOI Feltham, chaired by Mr Justice Keith, finally began hearing evidence in November 2004 and concluded its investigations in March 2005. During that period over 70 witnesses were heard.
As far back as April 2000 Zahid Mubarek's family called for a public inquiry into his murder. The Prison Service's internal investigation - the Butt inquiry - never made public its report. A Commission for Racial Equality investigation began in November 2000, and was used by the Home Office as sufficient to make a public inquiry unnecessary. It was left to Imtiaz Amin, Zahid's uncle, to apply to the High Court in pursuit of a public inquiry, ordered by Mr Justice Hooper in September 2001, on the basis that in refusing a public inquiry the government was in breach of Article 2 of the European Convention on Human Rights. The then Home Secretary David Blunkett appealed immediately, and, initially, was successful. It was left to the House of Lords in October 2003 to uphold Mr Justice Hooper's initial decision, ordering both that a public inquiry be held, and that the family be legally represented at the inquiry.
Zahid Mubarek was bludgeoned to death with a wooden table leg by his cell mate Robert Stewart in March 2000. He was attacked on 21 March and died in hospital on 28 March 2000. Zahid was serving a 60 day sentence for stealing razor blades with a total value of £6.00. Robert Stewart had been identified as a violent, racist, psychopath, but was housed with a vulnerable Asian cellmate. After he attacked Zahid, Stewart wrote "have just killed me pad mate" and drew a swastika on his cell wall.
As Nigel Griffin QC, counsel to the inquiry made clear, prison officials missed 15 opportunities to intervene and take action that could have saved Zahid's life. Prison officers either failed to read or ignored medical notes which showed that Stewart was dangerous, and during cell searches, failed to identify the carved piece of wood in his cell as a potential weapon. Warnings about Stewart's violent conduct, including his alleged involvement in the murder of an inmate at Stoke Heath YOI, were never passed to the wing on which he and Zahid were held. Letters from Stewart referring to "niggers" and "Pakis" were intercepted, but their contents never noted on his security file. Staff did not know the full details of Stewart's past when he arrived at the jail, but once they became aware, they left him in a cell with Zahid for a further two weeks. The inquiry heard from Julie Goodman, a warder at Feltham, who had placed Stewart with another Asian youth, despite being aware that there were at least two other spare cells. Goodman admitted she had been warned Stewart was danger to staff, but did not consider that this might mean he posed a risk to his cellmates.
The most disturbing evidence given to the inquiry came from Duncan Keys, assistant general secretary to the Prison Officers Association (POA). He told the inquiry that he had been told that Zahid was killed because staff at Feltham were engaged in a game of "Gladiators", initiated at the jail by the chair of Feltham POA, wherein staff pitted prisoners against each other and placed bets on the outcome. Mr Keys attempted to raise his concerns through the POA, but, after being told to keep quiet, he alerted the CRE anonymously in May 2004.
Judy Clements, the Prison Service's first race equality adviser, told the inquiry that in her experience, the prison system was institutionally racist, and that serious allegations of violence against ethnic minority inmates were not investigated, while prisoners who reported racist incidents were themselves disciplined by the prison authorities. Prison staff and management at a local level were in complete denial that prisoners were subjected to any form of racism. The inquiry was also told that three prison officers at Feltham, still serving at the time of Zahid's death, had been found<