By LIBBY MIDDLEBROOK and NZPA
A former Mt Eden Prison officer wishes he had sued the Government after he was stabbed, punched and choked by four Mongrel Mob inmates.
Paul Hemaloto was shocked to read reports that Mongrel Mob members had received up to $90,000 in compensation for beatings by guards at Mangaroa Prison, near Hastings.
Mr Hemaloto, aged 45, was left close to death after being attacked by gang members at Mt Eden Prison in 1990. He received only $12,000 from ACC in compensation.
"I didn't know that I could sue the Government and I probably didn't get the right legal advice," said Mr Hemaloto, a father of six who has not been able to work since the vicious beating.
"I'm not angry that the Mongrel Mob inmates got payouts if they deserved them, but I've had no support at all for my attack - just a miserable pension of $140 a month."
He blames the attack on Government budget cuts which reduced the number of guards on duty when cells were opened and closed.
Working alone, Mr Hemaloto was forced into a cell by four inmates planning an escape. They stabbed him in the back, sat on him, punched him around the head and tied his feet and arms together.
They stole his keys and attacked two other guards before escaping.
After recovering, Mr Hemaloto returned to work at the prison but he was assigned the same shift and prison wing, where his attackers were held after being caught.
"I just couldn't stay, I was too frightened. It's done me some serious emotional harm. I tried driving taxis but I was too afraid to drive at night."
He is looking for work but his history of back difficulties has deterred prospective employers.
Lawyer Andre Lubbe, of Russell McVeagh, said Mr Hemaloto could have sued the Government for exemplary damages or breach-of-contract for failing to protect him as a prison officer. But, court proceedings for exemplary damages have to be filed within two years of an incident. Breach of contract lawsuits have to filed within six years.
In the Mangaroa case, it is understood that the inmates received varying compensation payments, with one as high as $90,000.
A senior police officer who investigated the Mangaroa guards in 1993 wanted them charged with torture.
Papers, leaked to the media, showed that two investigating officers believed much of what the inmates said had happened, but no prison officers were prosecuted.
In a 1994 report, Detective Inspector Harry Hawthorn asked for legal advice on the chance of successful prosecutions of the officers.
"In conducting this investigation over the past three months, I have been horrified and increasingly disgusted by the actions discovered of prison officers at Mangaroa Prison, not only in the serious assaults on prison inmates, captive and unable to defend themselves, but also at the lies and collusion designed to defeat the course of justice," he said.
"In many cases, in terms of morals and criminality, the only thing separating these prison officers from inmates is the style of their uniforms."
Mob's prison victim compares payouts
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