Prison officer from Gillingham who grabbed inmate around the neck at HMP Elmley on Sheppey sacked

A prison officer who grabbed an inmate around the neck in a “momentary loss of control” has been sacked.

Simon Fisk was a senior officer running a wing at HMP Elmley on the Isle of Sheppey when he got hold of the prisoner and shouted in his face that he should “bang him”.

The 55-year-old had worked there for about seven years when the incident happened in house block five on February 15 last year.

It followed an earlier incident involving another officer, who had been upset at the way the prisoner had spoken to her.

The inmate, who is now 37 and has served his sentence, had argued with the officer over his work duties.

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Fisk, of Rock Avenue, Gillingham, appeared in court in August last year and denied assaulting the prisoner.

However, he was found guilty in February after a trial at Medway Magistrates’ Court and returned to the same court on Wednesday, June 14 to be sentenced.

Chelsea Clarke, prosecuting, said: “There had been a disagreement between the inmate and a female staff member about his cleaning duties and he had been abusive to her and the prison officer had reported it to Mr Fisk.”

When told by Fisk he had made the officer cry, the inmate laughed sarcastically because he did not think she had been that upset, the court heard.

Miss Clarke added: “Mr Fisk then shouted at him ‘Do you think it is funny? I should bang you’ before grabbing the inmate by the throat.

“He was stood over him and used both hands and grabbed him for about 10 seconds and continued to say ‘You’re lucky I don’t bang you, you’re lucky I don’t bang you’.

“It’s strangulation, putting his hands round his throat. The victim is vulnerable by position. Prison officers should protect and keep prisoners safe on wings.”

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The court also heard Fisk had been suspended from his role not long after the incident and and had never been in trouble with the law before.

Laura Stockdale, defending, told magistrates there had been a heated discussion between Fisk and the inmate.

She added: “It was a momentary loss of control when contact was made. We do not agree it was strangulation and there was no injury as a result of the incident.

“Mr Fisk is of previous good character and was in the military for many years and started in the prison service in 2015 and served for eight years.

“He believes he is suffering from PTSD. There has not been a diagnosis but he has been struggling with that for some time.

“He suffered racial abuse in the military and racial abuse within the prison and has seen some traumatic incidents on a daily basis because of the volatile nature of the institution and there has been no mental health support.

“He lost his job (as a result of the incident), his employment was terminated and he is now a coach driver for National Express and his employment will continue despite his conviction.”

Magistrates said Fisk had been in a position of responsibility and had a duty of care towards prisoners and had acted inappropriately.

They placed him on a 12-month community order which will see him complete 120 hours of unpaid work. He will also have to attend 15 rehabilitation sessions with probation.

He was also ordered to pay a victim surcharge of £95 and £660 court costs.

Fisk had also been charged with assault by beating after a separate incident which was alleged to have happened at the prison on March 6, 2022, but earlier this month he was found not guilty of the offence.

It was alleged he had kneed an inmate in the head during a restraining manoeuvre but on June 7 District Judge Stephen Leake acquitted him.

Speaking after the case, the inmate who Fisk grabbed around the neck, said he had been happy the case went to court.

The former prisoner, who didn’t want to be named, added: “I was happy, I wanted him to face the consequences, as far as losing his job and getting a criminal record.

“I think all too often incidents happen in prison that don’t get the light of day, so many things happen and people don’t even get it to court, let alone the culprit being found guilty.

“I was happy with the result.”