A judge has dismissed a Montserrat prisoner’s compensation claim for an alleged assault because he filed it nearly two years past the deadline.
Stephen Molyneaux, who has been serving a life sentence for the murder of Simeon Sealy since 2003, said another inmate at His Majesty’s Prison attacked him in May 2020.
He filed a claim seeking compensation from the governor and several prison service personnel through the court in August 2022.
In a ruling delivered on 6 June, Justice Dale Fitzpatrick said the claim was barred as it made outside of the rules of the Public Authorities Protection Act (PAPA).
“The claimant filed his claim on August 29, 2022 being more than 21 months past the PAPA deadline,” the acting high court judge wrote.
A target of threats
The case went before Montserrat High Court on 24 April, with Molyneaux appearing in person and Cedricia Shiell of the Attorney General’s Chambers appearing on behalf of the defendants.
The defendants were listed as the superintendent of prison, heads of function Vaughan Ryan, Oswald West and Bertley Cumberbatch, and Montserrat’s governor.
In his ruling, Fitzpatrick said the court considered Molyneaux’s evidence that sometime in May 2020 he had told prison authorities that some of the inmates had contraband.
This disclosure resulted in a search and recovery of cell phones and other prohibited items, he said.
“Mr Molyneaux became the target of threats from other inmates who seemed to be aware of his having provided information to prison authorities,” the judge wrote.
“These fellow inmates threatened Mr Molyneaux who reported his concerns.”
Then on 10 May, 2020, a fellow inmate struck him in the face, knocking him unconscious, the court heard.
Claim barred
On August 29, 2022, Molyneaux filed a claim seeking compensation from the defendants flowing from this physical attack.
His claim said that according to the Prison Act the defendants had been responsible for his safety, but had been negligent and in breach of their statutory duty.
The defendants filed a joint defence on 28 October, 2022, in which they said the Public Authorities Protection Act bars the claim.
The act reads: “…the action shall not lie or be instituted unless it is commenced within six months after the act, neglect or default complained of.”
Molyneaux argued that his relationship with the prison personnel was a personal one and therefore not constrained by the act.
However, the judge, in his ruling, said that prison officers and management are appointed by statute and thereby gain authority and duties only and entirely defined by statute.
