A ruthless murderer who was imprisoned for killing a 'friendly vulnerable old man' in his house, complains that it was 'inhumane' to lock him up in a cell during the COVID-19 Pandemie.
Stephen Kidd was imprisoned in 2009 for his share in the brutal murder of the 60-year-old Darren Presley, who was attacked with knives and a frying pan, covered with paint and stamped a year earlier on a flat in Blackpool.
The murderer, who continues to confess his innocence, was released on license this year, but now complains to £ 10,000 compensation and claims that his 'lonely imprisonment' was a violation of his human rights during Covid.
Kidd, now 53 and disabled after a stroke in prison, complains that he was routinely allowed to have his cell for just 20 minutes a day and that he was not allowed at all for a long time.
Claiming that the time under Lockdown was a violation of the ban on 'inhuman treatment' and that his 'lonely imprisonment' amounted to a violation of his right to a private life, he is now complaining for a maximum of £ 10,000 compensation.
However, the Ministry of Justice disputes the claim and last week brought the case to the mayor of the mayor and the city in London to have his business throw away.
Kidd was imprisoned for life in 2009 with accomplice Lea Mason for the murder of Mr. Presley, who was then described by the police as a 'vulnerable, friendly old man'.
Preston Crown Court heard that Mr. Presley was being set, repeatedly stamped, attacked with knives and a frying pan and covered with paint in his Blackpool flat in January 2008.
Stephen Kidd, 53, was imprisoned in 2009 for his share in the brutal murder of the 60-year-old Darren Presley
The murderer, who continues to confess his innocence, was released on license this year, but now complains to £ 10,000 compensation and claimed that his 'lonely imprisonment' was a violation of his human rights during Covid
For his release, Kidd served the last part of his prison sentence in HMP Berwyn, a prison of category B and C in Wrexham, Noord -Wales (photo)
Kidd, released earlier this year on Life License and back in the northwest, continues to claim that he is innocent in the crime.
For his release, Kidd served the last part of his prison sentence in HMP Berwyn, a prison of category B and C in Wrexham, Noord -Wales.
His lawyer, Jack Holborn, said the judge, recorder Barnet, who relates his compensation in 2020 to the early months of the COVID-19 Pandemie, but in particular April to June that year.
“The plaintiff says there were longer periods in which he was not allowed to get out of his cell more than 20 minutes a day, or not at all,” he said.
The imprisonment had a particularly bad impact on the Kidd, the lawyer claimed because he is now disabled and a wheelchair user, who needs a caregiver for daily tasks.
“He was housed in a single cell,” he told the judge.
'As a result, if he was not exhausted from his cell, he had no contact with other prisoners, or help from his appointed caregiver with certain daily life tasks.
'The longer periods without being unlocked are what would generally be defined as “lonely imprisonment” – considerably more than 22 hours or more per day are used as a definition for the expression.
The Ministry of Justice disputes the claim and last week took the case to the Burgemeester- en City County Court in London in an attempt to have his business throw away (file image)
“Although the plaintiff accepts that the pandaemia would have caused considerable pressure on the prison staff and his regime inevitably changes, no explanation is given as to why such long periods without association or time were required from cells.”
He said that the lonely imprisonment had led to 'raised symptoms of existing PTSD,' adding that he had suffered 'extra fear, flashbacks and nightmares' during the period.
Mr. Holborn claims that the treatment was contrary to the rights of Kidd in the field of Article 3, which guarantees protection against 'inhumane and humiliating treatment' and Article 8, which guarantees respect for private life 'of the European Convention on Human Rights.
He also claims breaches of the Equality Act 2010, given the disability of Kidd, and said that the MOJ cannot justify the treatment.
“It is not an answer that others within the general population may have suffered a similar isolation as a result of Covid restrictions,” he told the judge.
'The defendant was clearly planning to limit the claimant above and outside the limitations of the law or guidance and the position of the claimant is that it did this to an unreasonable extent; His treatment was no coincidence. '
The case reached the court for a MOJ application to have the claim switched because it will certainly fail.
MOJ lawyer Saara Idelbi told the judge the vast prison when 1,800 prisoners housed in cells with toilets and showers, causing them to stand-up living spaces.
Displayed: prisoners come together in a cell area in HMP Berwyn on March 15, 2017 in Wrexham, Wales
“Treatment or disorders in HMP Berwyn have not generated more humiliation, need or other suffering than inherent in a prison sentence or in a pandemic,” she said.
“The increased restriction in HMP Berwyn correlated with the increase in the limitations of the community in general, taking into account the limited environment of a prison.”
The argument that Kidd's claims must be pronounced, she said that his treatment did not amount to violations of his human rights, given the 'high degree of uncertainty' at that time about the transfer of virus.
“Authorities had the obligation to take measures aimed at avoiding infection, limiting the spread as soon as it reached prison and offered sufficient medical care in the case of infection,” she said.
'Preventive measures had to be proportional to the risk, but the consideration should not be an excessive burden for the authorities with a view to the practical requirements of captivity.
“The circumstances at that time … was a global emergency situation of unprecedented scale.
'The suspect is that it is clear that the limitations imposed on HMP Berwyn were a proportional way to achieve a legitimate goal.
'The limitations corresponded to a real need, namely to stop the spread of infection. The measures reflected legal restrictions.
“The measures were proportional with a view to protecting the prison population and the prison staff when considering the uncertainty and threat of the trajectory of the pandemic.”
Kidd's lawyer labeled the MOJ Strikeout application 'Hopeless'.
After a day in court, recorder Barnet reserved his decision on the MOJ application until a later date. If it succeeds, Kidd's claim will end before he goes to a full test.
