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Archive -Judiciary

Inquest into the death of Robert Banane |17 February 2018

Magistrate reveals findings and recommendations

 

The responsibility and blame for the death of Robert Banane cannot be placed on a sole individual but rather his unfortunate passing is the result of a collection of failings.

This was the statement made by Magistrate Natasha Burian during a session held yesterday detailing the findings and recommendations of the inquest in the death of Robert Banane.

She came to this conclusion after having interviewed 47 witnesses and been provided with around 27 exhibits.

Banane was serving a two-month sentence for failure to pay a fine when he was involved in a riot at the Montagne Posée prison on March 18, 2016, was subsequently shot and fell from the rooftop. According to the initial autopsy report Banane suffered from hypovolemic shock and multiple abdominal injuries.

Although the results of the findings came out inconclusive, the inquest raised several disturbing elements to the case.

Chief among those is the fact that the investigation revealed a lack of protocol for the proper management and use of firearms in the prison. The investigators were unable to identify which prison officers had been assigned which AK47 rifle due to the fact that the prison’s logbook was lacking in detail.

Moreover a total of 21 rounds were fired without any authorisation from senior officers thus showing that the prison lacks a proper standard procedure to deal with riots.

To remedy this failing, the Magistrate has recommended that a standing order be established to tighten the restrictions on firearms and ammunitions in the prison. It has also been recommended that these firearms be stored in a secure armory, and inventory on these weapons as well as on other tools that might fall into the possession of inmates should be carefully kept.

Additionally the inquest finds it necessary for the prison to conduct frequent drills that will prepare prison wardens and staff for the eventuality of a similar riot.

Other recommendations include:

  • Future investigations of the same nature should be dealt with by a special task force who is committed solely to the one case. This is to remove the lack of commitment and thorough investigation which has occurred during this case.
  • Investigations of this nature should always be conducted with expert guidance.
  • Frequent searches should be done at the prison to eliminate contrabands which inmates can use as weapons against others.
  • Counselling should be made available for prison officers and staff following this incident.
  • Reallocation of the Montagne Posée prison to a better and more secure location.
  • Construction of higher fences and increase in the level security to reduce the risk of riots. This translates into more funding and more manpower for the prison service.
  • Procedures should be established to preserve a crime scene instead of clearing the area immediately as was the case in the death of Banane.
  • Prison authority has been recommended to set up an internal enquiry in the actions of its officers and deal with them accordingly.
  • The Ministry of Health has also been recommended to set up a board of enquiry into Banane’s surgery.
  • Department of Home Affairs should look into the possibility of establishing a separate security force for the prison authority, rather than relying on the use of the police forces during an emergency.

 

The inquest report is expected to be sent to the Police Commissioner, the Superintendent of Prison, the Minister for Home Affairs and the Minister for Health.

 

 

 

 

 

 

 

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