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Remand centre staff failed to follow monitoring policies in stomping death, judge says

An inquiry into the stomping death of an Edmonton Remand Centre inmate four years ago found that staff failed to comply with monitoring policies.

While following those policies wouldn't guarantee a death would not have occurred, it would have reduced the risk, provincial court Judge John Henderson concluded in his inquiry report released Tuesday.

Henderson also concluded a similar incident is far less likely to happen in the new remand centre opened in April 2013.

The new centre in north Edmonton "vastly improved the management of prisoners, particularly in relation to the provision of medical assistance and to the supervision of those prisoners with mental health needs," Henderson said in his report.

"As a result, I conclude that there is no utility in making recommendations with respect to these issues in this report."

However, Henderson did recommend the Alberta government investigate whether people who default on fines, particularly those with mental health conditions, should serve their sentences in safer facilities.

In a written statement, Justice Minister Kathleen Ganley said the province will comply with the recommendation.

In May 2011, Barry Stewart, 59, was sentenced to a five-day sentence for failing to pay $1,439 in fines for being intoxicated in a public place, trespassing, failure to appear and jaywalking.

He ended up sharing a cell with Justin Somers, 25, who had been arrested on charges of failing to comply with an undertaking and failure to appear.

'Bizarre behaviours'

At his intake assessment Somers displayed "bizarre behaviours," appeared to be paranoid, was glancing around, distracted and was making grandiose and delusional comments, the report said.

As both men suffered from mental health issues, they were placed in a specialized unit designed to accommodate mentally ill prisoners.

At 4:40 a.m. on May 12, Stewart was asleep on the floor while Somers was awake and pacing around the cell, the report found.

"Somers then climbed onto the concrete bench which runs the length of the cell and jumped from the bench landing with both of his feet on the head of Stewart.

Somers jumped on the head of Stewart six more times before walking away, only to return a short time later and begin jumping on him again.

"This event occurred approximately 20 times over the course of several minutes," the report said.

Remand centre staff arrived at the cell 10 minutes after the assault started, but Stewart was dead.

Somers was charged with murder, but found not criminally responsible due to a mental disorder.

Staff failed to comply with policies

Henderson said evidence at the inquiry revealed staff failed to comply with policies in place to supervise mental health patients at the centre.

"It is apparent that Stewart and Somers were not monitored or assessed by either correctional officers or medical staff as the policies required," he wrote.

However Henderson credited an earlier investigation and the new remand centre with improving conditions of prisoners with mental health issues.

A board of inquiry report identified several policy violations and made seven recommendations, most of which have been implemented, he said.

But more importantly, the government closed the old remand centre which employed three psychologists to provide service to 850 prisoners.

The new centre employs 300 health care professionals to provide services to 1,300 prisoners.

"Among the health care providers .... is a team of 30 professionals who focus on the mental health issues including psychologists, mental health nursing staff, addictions counsellors and social workers," Henderson wrote.

"In summary, the scope of the medical services which are available at (the new centre) are vastly improved and are not in any way comparable to those that were available at (Edmonton Remand Centre) in May 2011 at the time of Stewart's death."