KEY POINTS:
The family of murdered teenager Liam Ashley say the Government, the Department of Corrections and Chubb Security are responsible for the 17-year-old being brutally beaten to death in a prison van in August.
Speaking ahead of the release today of a report into the murder, Liam's father Ian said the report highlighted a vast array of serious flaws in procedure and policy within all the areas of responsibility by the three parties.
On Friday, the Ashley family received a copy of the first report into the circumstances that led to Liam's death in a Chubb Security van en route to Auckland Central Remand Prison in Mt Eden on August 24. George Baker, 25, has pleaded guilty to murder.
Mr Ashley said the family also received a verbal apology from Department of Corrections chief executive Barry Matthews on Friday.
"Although we can accept his sincerity, we cannot accept the incompetence of the circumstances that resulted in the tragic death of our son," Mr Ashley said.
Mr Matthews will release the 85-page report, written by Inspector of Corrections Louise McDonald, at a press conference in Wellington.
The Chief Ombudsman has begun an investigation into the transporting of prisoners. The police, Chubb and a coroner are also looking into the incident.
After reading the report three times at the weekend, Mr Ashley released a family statement last night to the Herald.
"It clearly highlights that while Liam was in the care of the New Zealand justice system, his death was definitely avoidable. The circumstances that have led to our son's death are totally unacceptable and a severe indictment on the justice system, and more specifically the Department of Corrections and Chubb Security," it said.
"The report clearly details flawed policies and a long list of serious breakdowns in the document and contractual procedures for the both the Department of Corrections and Chubb.
"We have a strong belief that the overriding factors which created the breakdown in policy and procedure are a direct result of the Government trying to minimise their financial outlay and Chubb trying to maximise their financial returns."
The Department of Corrections would not comment before the report was released. No one from Chubb could be reached for comment.
National's justice and corrections spokesman Simon Power said that while Corrections Minister Damien O'Connor was not to blame for Liam's death, he was politically responsible for his department and must resign. "This tragedy was the result of systemic failure within a government department the like of which has not been seen since Cave Creek," said Mr Power.
Mr Ashley said the report mainly focused on Liam's separation as a youth and only briefly touched on the fact that George Baker was known to be a serious risk and should have been kept in isolation at all times.
The policy allowing for "separation of youths where practicable" needed to be changed to read "at all times and under all circumstances".
Following Liam's death, it was revealed that the prisoner transport contract between Corrections and Chubb specified offenders aged 20 or under were to be kept apart from adult inmates, unless agreed to by the department.
That is a higher level of protection for young prisoners than offered by the law, which says that, "where practicable", inmates aged 18 and under should be held separately from adult prisoners. Mr Ashley said the family could not accept a finding that the two Chubb security guards transporting Liam were not directly responsible.
"As a family we hold Chubb management ultimately responsible for their incompetence and believe the Department of Corrections should act immediately to cancel their ongoing contractual obligations, before they put any others at risk," he said.
Mr O'Connor said he had personally offered his sincerest sympathy to the Ashley family and would ensure changes to the way prisoners were transported. "The report pulls no punches and contains recommendations that will lead to an overhaul of the processes around prisoner transfers. I am meeting with the department's chief executive, who will advise me within a week as to what actions he will take to meet these."
Mr O'Connor said he hoped the report would go some way towards providing answers for the family.
"Tragically, the changes we make will not bring Liam back, but I hope the Ashley family can be reassured that we are doing everything we can to prevent similar tragedies occurring in the future. Following Liam Ashley's death, I directed the department to ensure that prisoners under 18 who are in their care are kept separate when outside prison," he said.
"This direction will remain in force until I have confidence that each step of the transport process has been closely scrutinised and the necessary changes made."
