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Inmate accuses officer of abuse

The Entrance to the Westgate correctional Facility in Dockyard ¬ Photo David Skinner

A prison officer ordered to undergo anger management counselling after allegedly verbally abusing a sexual assault victim has been accused again of the same behaviour.

Lincoln Smith, an officer at Westgate, was “placed on charge” after the young inmate, Mr X, claimed the officer mocked him in front of other prisoners in January last year, calling him a “bitch” and a “faggot”.

According to Commissioner of Corrections Edward Lamb, Mr Smith was ordered to participate in anger management counselling, a conflict resolution course and a dignity in the workplace seminar as a result of the incident.

Now the same inmate, who was sexually assaulted as a teenager by former Bermuda Housing Corporation boss Glenn Brangman, has made a second complaint to prison bosses about Mr Smith.

He claims the latest incident happened on March 25 this year, when he alleges that the officer “threatened me, calling me a p****, a faggot and also said that he’s going to shoot me and my brother and my family”.

In his official written complaint, the 25-year-old said he took the threat “very seriously” and asked Mr Smith to “refrain from saying anything to me so that I won’t have to go through the same process as I did last time he threatened me”.

The young man, who has since been released from jail, told The Royal Gazette that after making his second complaint to prison bosses he heard nothing back about whether an investigation was launched.

“They never looked into it,” he alleged. “They didn’t give me nothing. They denied me on numerous occasions to see higher officials.”

Mr X said he had never met Mr Smith before he went to Westgate in 2013 for receiving stolen goods. He returned to prison for three months in February this year for violating his probation.

In 2012, the young man gave evidence at the widely reported Magistrates’ Court trial of Brangman, who was eventually convicted of four counts of sexually assaulting him while he was a clerk at BHC.

Mr X, who cannot be named for legal reasons, said he did not know what Mr Smith had against him. But he said it was disturbing that the officer’s behaviour had not changed, despite the outcome of his first complaint.

“I just want to make it known because of the fact that if I would have threatened the officer while incarcerated I would have been fully charged and dealt with to the fullest extent,” said the former inmate.

“I feel that the disciplinary that the officer has received [for the first complaint] is a slap on the wrist. I feel it’s unfair that the officer is able to receive counselling and I’m not. It don’t look like he’s getting counselling to me. If he is, it don’t seem like it’s working.”

That first incident — alleged to have taken place on January 18, 2013 — was reported to the Human Rights Commission by the inmate and the matter is due to go before a tribunal.

HRC executive officer Lisa Reed told the alleged victim in a letter earlier this year that his complaint of sexual harassment against Mr Smith under section nine of the Human Rights Act “appears to be meritorious”.

She said Mr Smith’s lawyer Charles Richardson was unwilling to let his client participate in the commission’s investigation meaning the matter could not be resolved through “conciliatory processes”.

“Under these circumstances, I have no alternative but to refer this complaint to a human rights tribunal,” wrote Ms Reed.

Lieutenant Colonel Lamb responded to questions by the HRC about the first complaint in September last year.

In a letter seen by this newspaper, he explained that an internal investigation found that a verbal altercation took place between Mr Smith and the inmate and the officer “did provoke other inmates by making certain statements”.

He wrote: “The investigators were unable to come to a full conclusion as inmate [X] refused to participate in the investigation.”

Lt Col Lamb told the HRC that Mr Smith was “placed on charge [and] the adjudication is well advanced.” He said the officer would participate in counselling and said another officer was disciplined in relation to the January 18, 2013 incident.

The Commissioner told this newspaper yesterday: “The complaint made by Mr [X] against Mr Smith has been thoroughly investigated and we have taken appropriate actions subsequent to the conclusion of that investigation.

“I am not inclined to divulge any other specific details of the matter other than to say that the internal matter is completed.

“As for Mr [X]’s complaint before the Human Rights Commission, I can confirm that the Department of Corrections is indeed involved. In fact, I personally participated in a mediation process during which Mr [X] demanded $150,000, plus funds for a plethora of other claims he made.

“Suffice it to say that I rejected outright Mr [X]’s demand for money and I presume that the matter will now run its course with the HRC. Given that this is an ongoing matter, it would be imprudent for me to offer any further comment.”

He added: “Despite what Mr [X] is alleging about how his matters were handled and regardless his own views thereon, Mr [X]’s complaints have been investigated and dealt with appropriately.”

Asked to respond to the allegations yesterday, Mr Smith told this newspaper: “I can’t be talking to no reporters. I would get fired for that so I’m sorry I can’t help you.”

His lawyer told the HRC in a letter last August: “The substance of the allegations made by Mr [X] are denied. Whilst our client accepts that he did have words with Mr [X], he denies that he used any language which would be deemed to be sexually harassing.”