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Last Updated: Thursday, 25 November, 2004, 15:24 GMT
Jail papers missing after murder
Zahid Mubarek
Zahid Mubarek: Killed in cell
Records of the night an Asian prisoner was murdered by his racist cellmate are missing, an inquiry has heard.

A prison officer said he had not been able to hand in the key documents to police after the killing.

Zahid Mubarek, 19, was battered by psychotic Robert Stewart on 21 March 2000, hours before his release.

A three-month public inquiry is investigating why Stewart, whose racist post had been already been intercepted, shared a cell with Zahid.

Zahid, serving three months for theft, was due to be released hours after he was attacked by Stewart, originally from Hyde, greater Manchester. Stewart is serving a life sentence for the murder.

Appearing before Mr Justice Keith, senior prison officer David Comber said he was one of the longest serving members of staff at Feltham, west London, having spent his entire Prison Service career at the jail.

At the time of the murder he was the prison's principal security officer.

Police inquiries

On 31 March 2000, three days after Zahid died from his injuries in hospital, police asked Mr Comber to hand in report sheets of both night patrols and locking-in records for the night of the attack.

FILES AT FELTHAM
At one point, in something like 90% of cases the file did not accompany the prisoner but was posted on - that could have meant that a serious offender had arrived at Feltham days before security became aware of that fact
Prison officer David Comber
But in his police statement, made public by the inquiry, Mr Comber said he was able to hand in six documents - but not the rest.

"There should be further patrol sheets for Albatross Dunlin/Eagle, Falcon/Grebe, Lapwing [Zahid and Stewart's unit], Nightingale, Osprey, Quail, Swallow Units," he told detectives.

"However they are missing from the security office. I do not know why these documents are missing.

"I also notice that the locking up report sheets are missing for that night 20-03-2000. I do not know why these documents are missing."

These security documents should have been available in the prison's security wing, in a cardboard pouch used to store the reports, said Mr Comber.

If not there, they would have been collected by a designated officer to be stored for 12 months in a special binder.

Files in the post

At the time of Zahid's murder, said Mr Comber, there were more than 800 inmates at Feltham, some on serious charges. He estimated up to 100 assaults a month, although most were minor and few required police involvement.

STEWART'S MOVEMENTS
10 Jan: Sent to Feltham
12 Jan: Back to HMP Hindley
24 Jan: Back to Feltham again
26 Jan: Back to Hindley again
7 Feb: Back to Feltham
8 Feb: Sharing cell with Zahid
21 Mar: Attack
Crucially, despite dealing with dangerous inmates, many security files were sent separately when a prisoner was transferred from another jail.

This document transfer was complicated by inmates being moved frequently to attend ongoing trials, such as Robert Stewart.

In Stewart's case, prison officers at other jails had recorded on his file that he was both violent and a potential escapee.

"At one point, in something like 90% of cases the file did not accompany the prisoner but was posted on," said Mr Comber in his statement. "That could have meant that a serious offender had arrived at Feltham days before security became aware of that fact."

But he added: "The general feeling among residential officers was that it was better not to know a prisoner's offence so that you could remain unbiased in your dealings with him."

Nigel Giffin QC, counsel to the inquiry, questioned whether all officers dealing with Stewart were therefore fully aware of his character.

"I do not know if any action was taken, I do not know whether it was or whether it was not. I do not know," said Mr Comber.

"Is it possible, do you think, that the security file just was not vetted at all?" asked Mr Giffin.

"Highly unlikely, in my opinion," replied the officer.

The inquiry continues.




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



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