Now even dead prisoners can sue taxpayer

A PRISONER'S £100,000 compensation claim for injuries sustained when he fell from a toilet seat has not been thrown out of court - despite him being dead.

The teenage son of convicted gunman John Richmond has been given a month to secure legal aid to keep fighting his late father's damages claim.

Richmond - who was claiming loss of potential earnings - died from a heroin overdose more than a year ago.

His son Dylan, aged 16, has now taken up the legal battle against the Scottish Prison Service.

Perth Sheriff Court was told that Richmond's son was the executor of his father's estate and was trying to get taxpayers' money from the legal aid board to fight the claim.

He was given a month to pursue funding from the public purse.

John 'Jackie' Richmond lodged the claim before his death in August 2009 and alleged he was injured falling off the toilet in a cell at Castle Huntly prison near Dundee.

Richmond, of Kilmarnock, Ayrshire, was 37 at the time of his death and had completed a two-year sentence imposed for firearms and breach of the peace offences.

It was during his sentence that he sustained the injury on 17 March 2004.

He was in a cell for disabled prisoners when he toppled over as he stood up and a support rail came away in his hand.

His court claim said: "He had difficulty standing, walking and rising from a sitting position.

"On 17 March he was using the toilet. The toilet area was fitted with normal disabled grab bars.

"He was using the grab bars at the time when, without warning, the grab bar gave way from the wall, causing him to fall and strike his back, neck and head.

"He was knocked unconscious and only regained consciousness in the ambulance on his way to Ninewells Hospital. The accident occurred because the grab bar was not securely fastened to the wall.

"The accident was caused by the fault of the defenders."It was their duty to take reasonable care for the safety of prisoners in their care and to avoid exposing them to unnecessary risk of injury.

"They ought to have known the equipment would be used by those going to the toilet and would require to be firmly attached to the wall."

Richmond claimed he was left needing hospital treatment and was then unable to take up offers of well-paid employment as a lorry driver after leaving prison.

He claimed he had been left "permanently unfit for any employment" and had been forced to turn down jobs which "would have earned him a substantial wage."

Richmond's action is against Scottish ministers, as operators of the prison, and East Kilbride-based AKP Scotland Ltd, the company that fitted the grab bar in the cell.

Scottish ministers are fighting the claim, but have admitted that Richmond fell when the grab bar gave way and that he was found unconscious in the toilet.

However, they allege that he was already falling when he reached for the grab bar and that they fulfilled their duty by ordering AKP Scotland Ltd to fit the bar.

Lawyers for Scottish ministers said: "Any failure to adequately secure the grab bar occurred as a result of failure on the part of AKP to fulfil their duty."

In turn, AKP claim they were ordered to destroy all contracts with the prison service after the work was completed.

Richmond was jailed for two years in 2003 after trying to get into his ex-lover's home while carrying a pistol.

The woman and her children were cowering inside the house at the time.

Richmond was also carrying bullets, gloves and a balaclava. Police found three more guns and more ammunition at the house where he was staying.

His partner Sharon said his son was continuing the claim in his father's name and said: "I just want what's right for the children."