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Last Updated: Thursday, 18 November, 2004, 13:45 GMT
Racist killer's intent 'missed'
Zahid Mubarek
Zahid Mubarek: Murdered night before his release
Authorities missed 14 potential opportunities to prevent a known racist prisoner killing his Asian cellmate, a public inquiry has heard.

Robert Stewart, now 24, killed Asian Zahid Mubarek in March 2000 while they shared a cell at Feltham Young Offenders Institution.

The inquiry heard Stewart had played a role in an earlier prison murder.

Opening the hearings, Nigel Giffin QC said material suggested individuals may be to blame in relation to the death.

Zahid, 19, was killed by his cellmate hours before he was due to be released from Feltham Young Offenders' Institution, west London.

Stewart used a broken table leg to batter Zahid over the head.

Stewart was later jailed for life for the murder, and diagnosed as a psychopath.

Zahid's family, who have led a four-year campaign for the inquiry, say it is an unprecedented investigation into a racist killing which could lead to widespread change in the Prison Service.

Warning signs

Mr Giffin said there were five missed opportunities and nine turning-points, all of which played a role in the run-up to the death.

At each of these points, he said, the authorities may have identified the warning signs of the tragedy.

Stewart was no stranger to violence - it cannot seriously be in doubt that whatever the precise nature or extent of Stewart's racism, he did have racist attitudes and tendencies
Nigel Giffin QC

One of the most crucial issues, said Mr Giffin, was that Stewart had been associated with, but not responsible for, the murder of another prisoner in Stoke Heath prison in June 1998.

On average there are just two prisoner homicides each year.

Mr Giffin said the inquiry would ask whether this should have set alarm bells ringing.

Another key moment, said Mr Giffin, was that two standard "locks, bolts and bars" searches on 19 and 20 March had apparently not uncovered damage to the table ultimately broken and used in the killing.

Wooden dagger
A wooden dagger was made from part of a table in the cell
Staff failed to spot that one piece of the table had been fashioned into a dagger, complete with green string around its hilt to act as a grip.

Mr Giffin said the inquiry had not discounted that racism within the Prison Service itself may have played a part in the death. Prison officers had intercepted a racist letter penned by Stewart weeks before the death, he said.

Furthermore, the inquiry needed to ask whether any failures to act to protect Zahid were the product of racial discrimination.

Gladiator claims

"There were also allegations that some prison officers at Feltham had engaged in the practice of deliberately putting prisoners into shared cells in the expectation that those prisoners would come to conflict with each other, on racial grounds or otherwise," said Mr Giffin.

"It was alleged that this game was known as 'Gladiator' or 'Coliseum'."

MISSED OPPORTUNITIES TO STOP STEWART?
Robert Stewart
Stewart involved in an earlier murder
No psychiatric treatment provided
Prison intercepted racist letter
Searches missed makeshift dagger
Feltham officers ignorant of Stewart's past
Mr Giffin said the claims had yet to be proven, despite extensive police inquiries, but nevertheless would be looked at afresh.

Mr Giffin said Stewart's mental state was of "great importance", including his attitude towards race.

At his murder trial, Stewart denied being a racist, saying he had shared cells with black and Asian prisoners in the past.

But in a new statement to the inquiry, Stewart says racism had indeed played a part in the attack.

"Stewart says in his witness statement that he attacked Zahid in order to get 'shipped out' of Feltham, an establishment which he clearly disliked intensely, intending to injure but not to kill him," said Mr Giffin.

"There are obvious questions about the plausibility of that account, given the degree of violence used.

"As we shall see, Stewart was no stranger to violence. It cannot seriously be in doubt that whatever the precise nature or extent of Stewart's racism, he did have racist attitudes and tendencies."

The public inquiry, chaired by Mr Justice Keith, is expected to take three months.

About 76 witnesses will be called to give evidence, including the serving and former head of the Prison Service.




BBC NEWS: VIDEO AND AUDIO
Zahid Mubarek's family give their views on the inquiry



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