Government intervenes to change prison van rules

Liam Ashley (right, in cap) with his family, including parents Ian and Lorraine (centre).

The Government has intervened to make sure youth offenders are kept separate from adult prisoners after the killing of teenager Liam Ashley in a prison van.

A 25-year-old man will appear in the North Shore District Court today charged with his murder.

Liam, 17, had been strangled and was not breathing when the Chubb security van arrived at the Auckland Central Remand Prison in Mt Eden on Thursday night.

He was resuscitated, but died in hospital the next day after being removed from life support.

Liam was attacked while being driven with other prisoners from the North Shore court to the jail.

He had been remanded in custody at the request of his parents, who wanted him to experience the serious effects of breaking the law.

The family are demanding to know why Liam was not kept safe and why he was put in a compartment with two adult prisoners for the journey to jail.

Corrections Minister Damien O'Connor yesterday instructed Corrections to separate youths and adults, without exception.

Department regulations say youths and adults should be kept apart outside prison "where practicable".

Mr O'Connor's ministerial directive followed Corrections' statement that it would not change any of its procedures for moving prisoners until various inquiries were completed.

The department inspectorate is due to report back by October 20 on Liam's death.

"Having got some further information on the protocols, on the time that the inquiry is likely to take for Corrections, I felt it appropriate that we should in the interim not transport those under 18 with those over 18," Mr O'Connor said.

They would be kept separate in a van rather than put in different vehicles.

He said youth and adult prisoners were allowed to be moved together, but "unfortunately there have been some mistakes that have resulted in a tragic outcome".

Mr O'Connor would not say whether a failure of department protocols or mistakes by individuals led to Liam being put with adult prisoners.

He did not know how often youth prisoners were transferred with adults.

The inquiries would give Liam's family answers to the 10 questions they had asked.

The family yesterday stressed that their decision to have Liam remanded in custody was a last resort.

"He had recently started to have some minor trouble and as a result of a series of events, his parents felt the safest place for Liam was in the care of the justice system. This was the last resort, not the first resort," said Liam's uncle and family spokesman, Brett Ashley.

Liam's parents, Ian and Lorraine, were devoted to bringing up their family in a loving and caring environment, he said.

"Liam was the youngest of four children. He was just 17 years old and still considered the baby of the family."

Mr Ashley described Liam as gentle and kind.

"He was a challenge, full of life, full of energy and just loved to have plenty of fun and excitement.

"He idolised his father, and wanted more than anything just to be with his family.

"His tragic death is devastating to our family, who are going through all the emotions possible when trying to rationalise how his violent death occurred.

"Our immediate concern as a family is to work with the police to ensure justice is served for Liam and that this cannot be allowed to happen to anyone else in the future."

Police said the investigation was continuing but further charges were unlikely.

- Additional reporting by Maggie McNaughton

Ombudsman to probe inmate transport

The Chief Ombudsman has launched his own independent investigation into the transporting of prisoners.

In a move which again puts the Department of Corrections in the Ombudsman's sights, the investigation will look at practices and procedures around prisoner transport, and could make recommendations for change.

Chief Ombudsman John Belgrave yesterday said he had taken it upon himself to launch the investigation because "it just seems to me important that there be an independent look" at the situation.

The investigation is one of several set up in the aftermath of the death of 17-year-old Liam Ashley, who was attacked in the back of a Chubb security van last week.

Corrections is conducting its own investigation, while the police, Chubb and a coroner are also looking into the incident.

The National Party had been calling for an inquiry that was independent of Corrections, and yesterday its law and order spokesman, Simon Power, welcomed the Chief Ombudsman's move.

"We'll wait and see what the terms of reference are ... but it's a positive move," Mr Power said.

The Office of the Ombudsmen only last year took a hard look at prisons in a report to Parliament which drew headlines for being particularly scathing about the lack of rehabilitation programmes available. Mr Belgrave yesterday said his new investigation followed on from that report, which did not cover prisoner transport.

He said his investigation "does not intend to examine Mr Ashley's case in particular", but rather the practices and procedures around the everyday event of moving prisoners.

Asked if he was upset by any part of last week's incident, Mr Belgrave said he wanted to keep an open mind.

"It's obviously not a thing one wants to see happen at all," he said.

"But the fact that I'm doing the inquiry should be evidence enough of concern, I guess."

Mr Belgrave intends to have the terms of reference for his investigation completed by this week. He will invite people and organisations, as well as some prisoners and staff, to make submissions.

He said Corrections had responded "pretty positively" to the report he wrote last year about prisons, and he would expect "whatever I recommend out of this investigation, the department will take notice of".

Prime Minister Helen Clark yesterday said the Chief Ombudsman's involvement was "a very good thing". She called Liam Ashley's death an "extremely shocking event" and said procedures would have to be looked at.

- Paula Oliver