Fatal Accident Inquiry over cell death at Perth Prison

Jun 9 2009 by Les Stewart, Perthshire Advertiser Tuesday

THERE was no indication that an inmate, found hanged in his cell at Perth Prison, was likely to take his own life.

But withdrawal symptoms, faced by heroin user Lee Russell, were “at least a factor” in his death, according to Sheriff Lindsay Foulis.

The 30-year-old was found suspended by a bed sheet in his cell in B Hall at the Edinburgh Road jail on the morning of March 26 last year.

A fatal accident inquiry was subsequently held at Perth Sheriff Court on February 26 and 27 and April 15 this year.

Russell had appeared at Dundee Sheriff Court on March 25 last year and admitted injecting heroin in a close in Balmore Street, Dundee, the previous day.

He had been remanded to Perth Prison pending the preparation of background reports and was due to be sentenced on April 22.

But according to a suicide note he left, he was suffering badly from withdrawal symptoms.

He wrote: “I am rattling big time and it’s only the first night.”

And he added: “Mum, I’ve let you down all my life – no more. Sorry, Lee, RIP.”

Sheriff Foulis noted in his inquiry findings that Mr Russell had said he had taken 0.2 grammes of heroin shortly before his arrest and he had been prescribed medication while he was in police custody.

“It would appear that that information had not been passed onto Reliance officers who were responsible for Mr Russell when he was transferred from police custody to the cell area in Dundee Sheriff Court.

“Thereafter, the information was not passed to staff at HM Prison, Perth, when Mr Russell was admitted to prison, bail having been refused.”

Depute fiscal Charmaine Cole, who conducted the inquiry on behalf of the crown, questioned whether this failure to pass on the information had a role to play in Mr Russell’s death.

But the Sheriff added: “There was no evidence which gave any indication that Mr Russell was likely to take his own life.”

The Sheriff acknowledged that there “certainly appeared to be a gap” in the provision of medication to a drug addict like Mr Russell.

And if prison medical staff were given access to the NHS database, a “solution” would be achieved.

Sheriff Foulis added: “In the light of the circumstances surrounding Mr Russell’s death, there is an initial attraction in also suggesting that if a prisoner is given medication at the time of admission, this should continue until he is seen by a prison doctor.

“However, this matter was not investigated in evidence. There might be good reason as to why it would be considered inappropriate to automatically continue medication.

“I accordingly do not consider that it is appropriate to go further than I have.”