Guard allowed to resign after charges dropped in Ashley Smith's death
Colin Perkel, The Canadian Press
Published Monday, January 28, 2013 1:55PM EST
Last Updated Monday, January 28, 2013 11:19PM EST
TORONTO -- A correctional officer fired after a teenaged inmate choked herself to death was allowed to resign when criminal charges were dropped over the non-disclosure of key documents, an inquest was told Monday.
The Ashley Smith inquest heard prosecutors withdrew charges of criminal negligence causing death against Blaine Phibbs because Correctional Service Canada failed to turn over documents.
Phibbs, who had been fired after Smith died in her cell in Kitchener, Ont., in October 2007, was then allowed to resign.
Corrections paid him time and a half or double time for the thousands of hours he had been off work in the 18 months after the tragedy. He also received $25,000 to go back to school and career counselling.
In exchange, the inquest heard, he was never to tell anyone what had happened.
The evidence came as Blaine faced cross-examination by Howard Rubel, the lawyer representing front-line prison staff, the Union of Canadian Correctional Officers.
Phibbs said guards were never included in management plans for Smith, 19, of Moncton, N.B.
He said he personally cut at least 50 ligatures from Smith's neck during her 12-week stay at the prison and saw her turn blue at least 25 times.
During her first stay in the spring of 2007, Phibbs said management praised him for intervening to stop Smith from choking.
That later changed and orders came down that guards were not to go into Smith's cell unless she had stopped breathing because it would only encourage the self-harming behaviour, Phibbs testified.
"We were told that we were upping the ante," Phibbs testified.
In essence, guards had to determine if Smith was in distress and breathing properly by peering through a knee-level slot in the segregation cell door. Even some managers didn't like the no-entry directive, he said.
A week before Smith died, a correctional officer and local union representative wrote to his fellow guards at Grand Valley about the change.
"I'd rather go to court defending why I went in the cell than why I didn't go in in time," Vince Barone wrote.
Smith strangled herself Oct. 19, 2007, as guards stood by and watched.
"Mr. Barone was prophetic, wasn't he?" Julian Falconer, Smith's family lawyer, asked Phibbs.
Falconer pressed Phibbs on how he had simply let Smith die -- comparing it to seeing a child fall into a pond and letting her drown.
"I didn't think she was going to complete her suicide," Phibbs insisted.
"We did enter the cell. We did break orders. Unfortunately, it was too late."
With hindsight, the former guard agreed, he would have intervened earlier.
"Knowing now that she passed away, yes, I would have gone in sooner," he said.
How much sooner? He said he didn't know.
Phibbs said there was nothing in his suicide training to suggest Smith's propensity for tying ligatures around her neck was life-threatening.
"I didn't think it was possible to die," he said.
Falconer characterized Smith as a "hot potato" in prison management-union relations, suggesting the no-entry order was to placate guards concerned about Smith's violent outbursts.
Smith had been jailed as a 15 year old for throwing crab apples at a postal worker.
Her sentence ballooned into federal time because of numerous in-custody incidents.
Court previously heard that the night before she died, Smith dreamed she had been designated a dangerous offender for assaulting guards and would never get out of prison.
"Her fear was rational, wasn't it?" Falconer said.
"Based on her situation, yes," Phibbs said.
Jurors later heard guards considered the teenager extremely immature and "like a child in many ways."
Phibbs said she could also be age appropriate, or even act older than her age at times.
The inquest continues Tuesday.