Contempt of court threat for strikers
There was confusion about whether the prison officers' strike will continue today after a tense meeting ended last night with the union remaining tight-lipped about whether staff will go back to work.
But Bermuda Prison Officers' Association (BPOA) lawyer Delroy Duncan said he had been warned by Government that the strikers could face contempt of court proceedings if they don't return to their posts.
Prison staff remained on strike yesterday despite Government obtaining an injunction on Monday night against 158 of them under the Prison Officers (Discipline) Rules 1981.
BPOA chairman Michael Tuzo and spokesman Russ Ford refused to comment after emerging from a meeting of 100 strikers at Bermuda Industrial Union (BIU) headquarters last night, saying the members had instructed them to say nothing.
Mr. Duncan said after the meeting: "I spoke (earlier) to Phil Perinchief (of the Attorney General's chambers) and he indicated that he wanted to know whether the workers were going back because if they weren't, he was instructed to seek an order for contempt."
Prison officers walked out at 8 a.m. on Monday in protest at Government's refusal to sack controversial Prisons Commissioner John Prescod, whom they accuse of being autocratic and ignoring most findings of the 2001 independent board of inquiry into the service.
It is understood attitudes were hardening yesterday and officers are adamant that Mr. Prescod must be fired.
Although officers continued to flout the injunction yesterday, they sent in skeleton crews to feed inmates at the Island's three prisons and ensure they were let out for recreation breaks.
It is understood the inmates were locked in their cells all day on Monday.
Meanwhile, union officials met with Home Affairs Minister Terry Lister yesterday morning to try to thrash out a formula to end the strike.
Governor Sir John Vereker made an order on Monday that Police officers can be called in if needed to help in the dispute.
Mr. Tuzo said officers would not compromise public safety as the dispute dragged on.
He said around six staff were working at each of the Island's three prison establishments.
He added: "If this goes on, we are a responsible service and if there were emergency situations we are still willing to respond to any emergency situation when it comes to our prisoners."
Prison Officers are not deemed an essential service under the Labour Relations Act so the Minister had no powers to refer the dispute to compulsory binding arbitration.
Mr. Lister met the union at Westgate Correctional Facility at lunchtime yesterday after spending the morning at the prison.
Speaking after the meeting, Mr. Tuzo said a formula may have been found but it needed to be ratified by the membership.
He said of the meeting with Mr. Lister: "I think it went fairly well. I put something on the table to the Minister but right now it's still in the hands of the membership."
"I think we have a better understanding now."
Mr. Prescod was also at Westgate and had been due to join the talks but Mr. Tuzo said in the end, the Commissioner had not been involved.
Mr. Lister said the meeting had also looked beyond the immediate problems.
He said: "We are looking forward to improvements in the system to benefit officers and inmates."
Topics had included operators' training and better promotions systems, said the Minister.
Officers fear Mr. Prescod is unwilling to implement recommendations from the 2001 board of inquiry into prisons but instead wanted to go with new proposals from Jamaican consultant Dr. Morais Wallen.
However Mr. Lister said he expected the Prisons Commissioner to implement the 2001 recommendations in full.
Officers want better appraisal, training, succession planning, career planing, consultation and communication.
Mr. Tuzo said the strike had been a last resort after promises made at the inquiry had been broken and frustration had boiled over.
And he said earlier in the day that officers were not willing to give Mr. Prescod, the former head of the Jamaican prison service, another chance and still wanted him to go.
"That is still the call. We are not giving him a second chance," said Mr. Tuzo.
But he said Government was adamant on Monday they were not going to get rid of Mr. Prescod.
"We have put something on the table that may be a piece of the puzzle that will give you a clearer picture of where Mr. Prescod goes. It's not any new information."
Sources close to the dispute said prisoners at Westgate had behaved "impeccably" despite being supervised by just a handful of people.
Outside BIU headquarters last night, one officer said: "One way ticket to Jamaica" - a reference to sacking Mr. Prescod.
Last night, before the officers met at BIU headquarters, Cabinet Office issued a statement hoping the staff would vote to go back to work and avoid further legal action from the Attorney General's office.
"While the Government regrets the officers' decision not to return to work (on Tuesday), the Minister (Mr. Lister) wishes the public to be assured that all three correctional facilities are presently operating with a limited number of prison officers who continue to perform their duties. In addition, the Bermuda Police Service is available for security assistance as required," said the Cabinet Office statement.
"Government is encouraged by those prison officers who briefly reported for duty to offer assistance in preparing and serving meals and in allowing the prisoners to have recreational time.
"The Prison Officers' Association is scheduled to meet again this evening. The Government is hopeful that in the interests of the public they serve, the members will decide to resolve the outstanding issues and return to work thereby avoiding further legal steps by the Attorney General.
"Government wishes to assure the public that the safety and security of the Island is paramount during this period."
