REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT ON THE
improper conduct of tanna police and poor prison condition
resulting in the SUICIDE OF PRISONER JUNIOR MALCOM ARTHUR

16 September 2005

1035/2005/06

-------------------------------

PUBLIC REPORT ON THE

improper conduct of tanna police and poor prison condition 
resulting in the SUICIDE OF PRISONER JUNIOR MALCOM ARTHUR

SUMMARY

As outlined in many ombudsman reports, condition of prisons in Vanuatu has been a continuous concern of prisoners as it falls below the minimum international Standards.

Despite these reports and recommendations made, it appears that the government and the Prison Service Department did not attempt to improve the physical and living conditions of prisoners. Ignorance of these authorities in regard to impose security measures for prisoners have gone to the extent of seeing some female police officers having personal relationships with prisoners.

In this case, Mrs Julian Ben, a female police officer and late Junior Authur Malcom, a former prisoner, both of them transferred from Vila to Tanna had engaged themselves in a relationship which turned into a tragic situation where Junior committed suicide in prison in April 2003. 

The Ombudsman found that while serving his sentence, Mr Junior engaged himself in a personal relationship with Mrs Julian Ben which is contrary to the role and duty of a police warden to keep surveillance of prisoners and enforce any law on them.

The Ombudsman also found that prisoner Junior should not have committed suicide if the prison authorities had taken previous measures such as keeping a close observation of him and improving condition of Lenakel Prison which is understood to be in a very poor condition.

Since this tragedy has occurred under the prison care, the Ombudsman found Prison Service of Lenakel Police Headquarter to be held responsible for failure to take appropriate measures to prevent Mr Junior to commit suicide despite being informed of the relationship he had with Mrs Julian Ben.

In relation to the above findings the ombudsman recommends that :

•	PC Julian Ben be disciplined for having an affair with prisoner late Junior Authur Malcom.
•	Police Service Commission impose disciplinary measures against Officer John Graham for failure to carry out his duty professionally.
•	Tanna prison compound be properly off fenced. 
•	the prison building on Tanna be fully repaired to prevent similar incident.
•	proper consultation be made by the Commissioner’s Office before deciding on the transfer of female police wardens to any prison station in the Republic of Vanuatu.

TABLE OF CONTENTS

SUMMARY
1.	JURISDICTION
2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3.	RELEVANT LAWS
4.	OUTLINE OF EVENTS
5.	RESPONSES BY THOSE WITH FINDINGS AGAINST THEM
6.	FINDINGS
7.	RECOMMENDATIONS
8.	INDEX OF APPENDICE

1.	JURISDICTION

1.1	The Constitution and the Ombudsman Act allow the Ombudsman to look into the conduct of government, related bodies, and Leaders. This includes the conduct of the following police officers: Mr John Graham, Officer In-Charge of Tanna Prison, Mr Kensy Avock, Officer-In-Charge of Tanna Police Headquarter, Police Constable Julian Ben, and other members of the Tanna Police Headquarter.

1.2	The Ombudsman can also look into defects in laws or administrative practices, including Prison (Administration) Act [CAP 20] and the Police Act [CAP 105].

2.	PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1	The purpose of this report is to present the Ombudsman’s findings as required by the Constitution and the Ombudsman Act.

2.2	The scope of this investigation is to establish the facts about improper care and decision taken by the Prison authority at Lenakel, Tanna, which resulted in the suicide of late prisoner Junior Arthur Malcom in 2000. 

2.3	The scope also requires this investigation to determine whether the conduct of the above police officers mentioned in paragraph 1 were proper and whether the above statutory provisions are defective.

2.4	This Office collects information and documents by informal request, 	summons, letters, interviews and research.

3.	RELEVANT LAWS

The relevant laws and regulation related to this matter are mentioned in the Appendix A.

4.	OUTLINE OF EVENTS

4.1	At lunchtime news on 24 October 2000, Radio Vanuatu announced the sudden death of late Junior Arthur Malcom (JAM), a well known prisoner. He committed suicide at Isangel Prison headquarter . Mr Junior was a naturalized citizen who was serving his sentence at Vila Prison before being transferred to Tanna in July 2000.

4.2	JAM served his two years sentence in Vila Prison after being released on condition by the Head of State for the new millennium in January 2000. In July 2000, JAM was transferred to Tanna Police Headquarter to serve the rest of his sentence.

4.3	While serving his sentence in Tanna, JAM met a female Police officer, Pc Julian Ben with whom he had a personal relationship. Mr JAM was very friendly with PC Julian Ben until 22 October 2000, the date when the Tanna Police Headquarter had decided in a meeting to send him back to Vila Prison.

4.4	Following that meeting JAM changed his attitude with the intention of committing suicide. Refer to the Police report as per Appendix B. 

According to the Tanna Police report, the Officer-In-Charge Mr Kensy Avock stated in his report dated 24 October 2000 to OCP crime (See Appendix C) that prisoner JAM, had used the electrical wiring in his room to commit suicide. He was found lying beside his bed in the early morning of 24 October 2000.

4.5	While conducting preliminary investigation with the Police, the Ombudsman was informed that an investigation had been carried out by the CID Police Department to determine the cause of his incident. A copy of the report is enclosed in the Appendix B. According to the report, it was revealed that most of the Police officers of Tanna Police Headquarters were made aware of Mr JAM attitude especially when he was planning to commit suicide. However, none of them was able to provide sufficient care and surveillance to prevent him committing suicide.

5.	RESPONSES BY THOSE WITH FINDINGS AGAINST THEM

5.1	Before starting this enquiry, the Ombudsman notified all people or bodies complained of and gave them the right to reply. 

5.2	On 24 August 2004, the Office of the Ombudsman released a Working Paper on the preliminary findings on the circumstances that led to the death of late JAM. 

5.3	Responses were only received from PC Willie VILLIAMU ("Annex E"), and Superintendent Willie Vira ("Annex F").

5.4	Mr Willie Villiamu pointed out that he was not absent from duty during the time prisoner Junior had committed suicide. He indicated that he had made several checks at night from 4.30pm till 2.30am in the morning before he went to sleep. In the morning at about 8.o’clock in the morning he was notified that prisoner Junior had committed suicide.

He added that he has made an effort to observe late junior but unfortunately prisoner Junior committed suicide while he was away for a few moments.

5.5	Mr Willie Vira, added that the issue of human resources and budget should have been considered by the government to prevent such incident from happening. He outlined that according to the Strategic review of 1997, Tanna Prison Service should have been running fully with seven officers. However, due to budget and manpower constraints there was only one prison warden on duty for eight hours shift and it is impossible to have an overall surveillance of every inmate in every single cell. It needs at least three (3) men to do the job efficiently.

	In addition to the above, Mr Vira explained that Prison condition in Tanna has been continuously addressed to the Authorities. Should there been improvements of the Tanna Prison by the authorities, this incident would not have occurred. The operational budget was ten million two hundred fifty six thousand nine hundred and twenty five vatu, (VT: 10 256 925 ) and it covered mainly rations for inmates and other incidentals, and nothing had been given for building repair maintenance.

6.	FINDINGS

6.1	Finding 1: 	The Ombudsman finds that the conduct of Police officer Julian Ben was improper when accepting and encouraging friendship with prisoner Junior Malcom.

As a prison warden Mrs Ben being a police officer, should not have engaged herself in any personal relationship with any prisoners especially when it involved friendship with a prisoner. Mrs Julian Ben should up-hold her duty as a guardian of prisoners as provided by law and should avoid accepting any gifts offered to her. Such conduct may bring discredit upon herself and the Force.

Section 54 of the police Act Cap 105 prohibits any members to accept any gift of money or money worth offered for any service rendered or promised. In a Police interview, PC Julian admitted that Junior had been spending money on her in terms of purchasing food and giving her cash money. 

6.2	Findings 2	The Ombudsman also finds that the Tanna Prison authorities and specifically the OIC, Mr John Graham should be held responsible for lack of coordinating proper surveillance that contributed to and resulted in the death of late Junior Malcom.

The ombudsman found from the police report issued by sergeant Bany Allanrow that there has been a lack of action to admonish prisoner Junior and Julian Ben on their relationship. As the OIC of Prison, Mr John Graham should have issued strict instruction to prevent Mrs Julian Ben in approaching prisoner Junior.

6.3	Finding 3: The Ombudsman also finds that prison authorities should be held responsible for the death of late Junior Malcom as a result of poor prison condition.

Prison condition has been an ongoing concern that have been subject to the Ombudsman’s investigation for almost a decade. The Ombudsman believes that Prisoner Junior should not have committed suicide if the prison authorities had taken measures to improve the condition of prisons especially at Lenakel Prison which is understood to have very poor electrical wiring.

7.	RECOMMENDATIONS

7.1	Following the above findings the Ombudsman then makes the following recommendations:

Recommendation 1:	That Pc Julian Ben should be disciplined for having an affair with prisoner Junior Athur Malcom..
Recommendation 2:	That Police Service Commission impose disciplinary action against Officer John Graham for failure to carry out his duty professionally.
Recommendation 3:	That Tanna prison compound should be fenced off properly.
Recommendation 4:	That the building be fully repaired to prevent similar incident from happening again.
Recommendation 5:	That there should be proper consultation on the part of the Commissioner’s Office before deciding on the transfer of female police wardens to any prison station in the Republic of Vanuatu.

Dated 16th September 2005

Peter K.Taurakoto 
OMBUDSMAN OF THE REPUBLIC OF VANUATU

8.	INDEX OF APPENDICE

A - Law and Regulation 
B - Police report over the suicide 
C - Letter from the OIC of Tanna Police Headquarter, Mr Kensy Avock 
D - Letter from PWD Electrician.
E - Response of working paper from Mr Willie Villiamue 
F - Response of Working paper from Superintendent Willie Vira 

ANNEXURE A

Relevant laws, regulations, and order

Police Act (Cap 105)

Function of the Force: 

Section 2	The Force shall be employed throughout Vanuatu and its territorial waters for:

a)	the preservation of peace and maintenance of order:
b)	the protection of life…
c)	the Enforcement of law

Section 54:	It shall be an offence against discipline for any members to accept any gift of money or money worth offered for any service rendered or promised

Section 56:	It shall be an offence against discipline for any members to absent himself from duty or his place of duty without reasonable cause or excuse and a member found to have committed such offence shall in addition to any punishment, forfeit his pay for the period when he was absent.

Police Act 105 (Subsidiary )

OFFENCE AGAINST DISCIPLINE.

Section 19: Any member of the Force who –

(g)	without cause fails to appear or appears late for duty 

(j)	negligently allows the escape of any prisoner who is committed to his charge or whom it is his duty to guard 

(z)	 does any act or makes any omission likely to bring discredit upon the force or is guilty of any act, conduct, disorder or neglect to the prejudice of good order and discipline not elsewhere specified in these rules.

Shall have committed an offence against discipline.

Prison Administration Act (Cap 20)

Section 14	Prison officers shall not employ prisoners as domestic servant or otherwise than in conformity with this Act or the instruction of their official superiors

Section 10	It is the duty of all prison officers to treat prisoners with humanity and impartiality, to maintain order and discipline, and to enforce observance of the rules and regulation in regard thereto.

[PacLII's editorial note: please refer to the downloadable PDF at the top of this page for the full text of the Appendices]