Family wins review of prisoner's death

An inquest found Alton Manning was unlawfully killed

The family of a black remand prisoner who died after a struggle with warders has defeated the decision not to prosecute any of the officers in the High Court.

Last year an inquest jury unanimously found that Alton Manning, 33, had been unlawfully killed while on remand in Blakehurst prison near Redditch, Worcestershire, in December 1995.

Mr Manning's sisters sought a judicial review of the Director of Public Prosecution's decision not to take the matter to court.

Seven officers were suspended but the DPP said there was insufficient evidence to bring any criminal charges.

Mr Manning, from Birmingham, died of asphyxia in Blakenhurst, which is run by UK Detention Services (UKDS), which is jointly owned by the Corrections Corporation of America and the French conglomerate Sodexho.

At the time of his death he was being restrained by a number of officers and there was evidence from eye witnesses that one was holding him in a neck lock.

'Unreasonable restraint'

The coroner recommended the DPP, David Calvert-Smith, prosecute the prison officers involved, but he declined.

The ruling was being held as a victory for the dead man's sisters, Patricia Manning and Elizabeth Melbourne, both from Birmingham.

Mrs Melbourne said: "We will keep fighting until someone is prosecuted. It has taken us five years to get this far and that should not have been allowed to happen."

Lawyers for the Manning family argued there was clear evidence "unreasonable restraint" was used on Mr Manning, 33, who died after he was asked to strip naked and squat during a strip search for drugs.

It was a victory for Mr Manning's family

Lord Bingham, the Lord Chief Justice, sitting with Mr Justice Morison ruled Mr Calvert-Smith's decision not to bring manslaughter charges was flawed and must be reconsidered.

Lord Bingham said the decision "comes as something of a surprise" and key issues had not been addressed and resolved.

Nicholas Blake QC, for the family, had told the two judges during a recent hearing there was a "realistic prospect of a conviction" against the officer who had been responsible for holding Mr Manning's head during the struggle.

'Assaulted an officer'

An altercation started when he was asked to squat naked for an inspection of his genital and anal area.

It was alleged that an assault by Mr Manning on a prison officer led to the alarm being sounded and other officers coming in to the cell.

Mr Manning was manoeuvred out of the cell head first and face down.

He was carried half-naked along a corridor towards a dining area.

Mr Blake said the evidence was that Mr Manning had been unable to breathe by the time he was carried to the dining area and all efforts to revive him were unsuccessful.

A pathologist's report revealed that Mr Manning had sustained bruising around his thyroid and bled from the ears.

'Hoping for a speedy resolution'

There were also pinpricks of blood in his eyes, which is commonly found on asphyxiation victims.

UKDS spokesman Nicholas Hopkins told BBC News Online: "It would be inappropriate for UKDS to comment upon today's High Court judgment on this sad case.

"We shall continue to co-operate with the Crown Prosecution Service as required and we hope that the matter may now reach a speedy resolution."

As well as Blakenhurst, UKDS also runs Forest Bank jail near Salford, Greater Manchester.