Inmate awaiting transfer at time of fatal attack

Prison officer Jason Palmer. Photo / Supplied

A Waikato prison inmate was awaiting transfer to a high security prison at the time of a fatal attack on a prison guard, the Department of Corrections says.

Jason Palmer, 33, an officer at the Spring Hill Corrections Facility in Waikato, was punched by a high-risk inmate he was letting out of a cell on Saturday afternoon.

He suffered irreversible brain damage in the attack and died yesterday at Middlemore Hospital. He was married with two children, aged 5 and 2.

Department of Corrections chief executive Barry Matthews said it appeared Mr Palmer was punched shortly after he and two other prison guards opened the segregated inmate's cell.

He fell back and hit his head on the floor as the other two guards restrained the prisoner.

Although there had not yet been an autopsy, Mr Matthews said it appeared a combination of the punch and the striking of his head on the floor caused Mr Palmer's fatal injuries.

The inmate, reportedly a Killer Beez gang member, was due to appear in Hamilton District Court today charged with assault. Further charges were expected to be laid.

Police have launched a homicide inquiry and have moved the assailant to Auckland's maximum security prison at Paremoremo.

Mr Matthews said the inmate had been due to be transferred to a high security prison today.

"On Saturday morning he was reclassified because of a series of misconducts, increasing to maximum security category," Mr Matthews told Radio New Zealand today.

"We had arranged for him to be transferred on Monday morning to Auckland East Prison, that's Paremoremo, and that's why we had three officers doing the unlock, because of that classification and because of the fact that he was on directive segregation."

Prime Minister John Key told Newstalk ZB today that the death was a tragedy and he offered the family his condolences.

He said the prison service and police would investigate.

"Although on the advice I've had so far it looks as if procedure has been followed."

Claims the prison was overcrowded and the prisoner was doublebunked were incorrect.

"What's gone wrong is going to be a matter for the prison service and ultimately the police in their investigations."

Corrections Association president Beven Hanlon said Mr Palmer was a rarity, as he aimed to have a long career as a prison guard.

"That's not as common these days. He was willing to stick around, and that's the sort of person we want in the service. He had a good rapport with prisoners but was still one to hold the line ... he didn't take any nonsense."

Born in North Carolina, Mr Palmer moved to New Zealand eight years ago. He started work at Spring Hill prison in November.

Corrections Minister Judith Collins said the fatal bashing was the saddest day in the Corrections Department's history. She told the Herald Mr Palmer was the first officer to die from an on-duty assault.

She said his wife had been inconsolable on Saturday when told by doctors in intensive care that her husband's brain would not recover.

"She will go through some terrible times, with two little children. We are calling for as much support for his widow as possible."

Ms Collins said it was a freakish, split-second attack which the two guards with Mr Palmer could not have prevented.

"The offender was in a single cell, he had three prison officers there to shift him. It sounds as though everything was done by the book.

"The prisoner hit Jason and he just went straight down and hit the ground. It was a very controlled situation but unfortunately there's always that chance."

She said prison staff were angry and upset at themselves for not preventing the attack.

Corrections Association chief executive Barry Matthews said a post mortem examination was being done but Mr Palmer was believed to have died from a combination of the punch and the force of his head hitting the ground.

In January the Corrections Department introduced new safety measures, such as stab-proof vests, pepper spray and de-escalation training, at a cost of $3.6 million; $1 million of that went into Spring Hill prison.

The minister said it was unlikely that further protection would have prevented the assault.

"It looks as if staff have done nothing wrong. The blame here can only lie with the offender."

Howard League for Penal Reform spokeswoman Kathy Dunstall said the prison system had become more repressive in recent years, with overcrowding, extended lockdowns, shortened visits and 70 per cent of parole applications being declined.

She said frustration among prisoners could boil over into violence.

ACC spokesman Laurie Edwards said the family will be eligible for a payout and could receive up to 80 per cent of Mr Palmer's wage until the youngest child is 16 years-old.

He said the family are also able to apply for a $5000 funeral grant and a survivor's grant of $5000. If the courts find the accused prisoner guilty of his killing, the Palmer family could receive a further $5000 under the Government's new victims of crime initiative.

- With NZ HERALD STAFF & NZPA