Prevention of Future Deaths reports · 2017

Vilhelmas Borkertas

Regulation 28 report to prevent future deaths, reference 2017-0342, written 31 Oct 2017. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report31 Oct 2017
Reference2017-0342
DeceasedVilhelmas Borkertas
CoronerMary Hassell
Coroner areaInner North London
CategoryState Custody related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

Regulation 28:  Prevention of Future Deaths report 

Vilhelmas BORKERTAS (died 21.11.16) 

THIS REPORT IS BEING SENT TO: 

1.  Mr Kevin Reilly 

Governor 
HMP Pentonville 
Caledonian Road 
London  N7 8TT 

1 

CORONER 

I am:   Coroner ME Hassell 
           Senior Coroner  
           Inner North London 
           St Pancras Coroner’s Court 
           Camley Street 
           London  N1C 4PP 

2 

CORONER’S LEGAL POWERS 

I make this report under the Coroners and Justice Act 2009,  
paragraph 7, Schedule 5, and  
The Coroners (Investigations) Regulations 2013, 
regulations 28 and 29. 

3 

INVESTIGATION and INQUEST 

On 25 November 2016, one of my assistant coroners, Richard Brittain, 
commenced an investigation into the death of Vilhelmas Borkertas, aged 
24  years.  The  investigation  concluded at the  end of the  inquest  on  26 
October 2017. The jury made a narrative determination, which I attach. 

4 

CIRCUMSTANCES OF THE DEATH 

Mr  Borkertas  took  his  own  life  on  21  November  2016.    His  cellmate 
described waking up in the evening needing to use the toilet, putting on 
the light and finding Mr Borkertas hanging by a ligature from the window 
bar. 

The cellmate rang the cell bell.   

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 It was answered by an operational support grade 21 minutes later.  The 
OSG then called for assistance and Mr Borkertas was  cut down when 
other members of staff arrived.  They attempted resuscitation, but this 
was unsuccessful. 

5 

CORONER’S CONCERNS 

During the course of the inquest, the evidence revealed matters giving 
rise to concern. In my opinion, there is a risk that future deaths will occur 
unless  action  is  taken.  In  the  circumstances,  it  is  my  statutory  duty  to 
report to you. 

The MATTERS OF CONCERN are as follows.  

I gave a great deal of consideration at inquest to the exploration of the 
time it took staff to attend to Mr Borkertas after his cellmate rang the cell 
bell.  However, I do not write about that now because I know that it is a 
matter already under scrutiny by the prison, and I do not think there is 
anything that I can helpfully add. 

However,  there  is  another  matter  that  I  should  like  to  bring  to  your 
attention. 

Mr Borkertas described himself variously as heterosexual and bisexual.  
The latter was recorded on his cell sharing risk assessment form.  His 
cellmate  at  the  time  of  death  described  himself  as  being  homophobic.  
This was recorded on his cell sharing risk assessment form.  However, 
the  two  were  placed  together  in  a  cell  and  I  heard  no  evidence  that 
consideration was ever given to the potential dangers of this. 

There is nothing to indicate that this had an impact upon the outcome, 
but it might be devastating in another case. 

6 

ACTION SHOULD BE TAKEN 

In  my  opinion,  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that you have the power to take such action.  

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date 
of this report, namely by 2 January 2018.  I, the coroner, may extend the 
period. 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Your  response  must  contain  details  of  action  taken  or proposed  to  be 
taken, setting out the timetable for action. Otherwise you must explain 
why no action is proposed. 

8 

COPIES and PUBLICATION 

I have sent a copy of my report to the following. 

  HHJ Mark Lucraft QC, the Chief Coroner of England & Wales 
  HM Inspectorate of Prisons 
  National Offender Management Service 
 

, Vilhelmas Borkertas’s father 

I  am  also  under  a  duty  to  send  the  Chief  Coroner  a  copy  of  your 
response.  

The Chief Coroner may publish either or both in a complete or redacted 
or summary form. He may send a copy of this report to any person who 
he  believes  may  find  it  useful  or  of  interest.  You  may  make 
representations to me, the Senior Coroner, at the time of your response, 
about  the  release  or  the  publication  of  your  response  by  the  Chief 
Coroner. 

9 

DATE                                                  SIGNED BY SENIOR CORONER 

31.10.17 

3

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