Burglar cleared of Shrewsbury court escape bid because he feared for his life

A prisoner convicted of burgling the home of south Shropshire hunt leader Otis Ferry has been cleared of trying to escape custody, as he was in fear for his life after being mistaken for a sex offender.

Published
Shrewsbury Crown Court

Nigel Harris, who is currently serving a five-year sentence, escaped from the dock at Shrewsbury Crown Court on September 2 and had to be pursued and restrained by security guards.

But his break for freedom was not an attempt to escape justice, it was because he feared for his life if sent back to Birmingham prison where he had repeatedly been beaten up and threatened because other inmates mistakenly thought he was a child abuser, a court heard yesterday.

Harris, 38, formerly of Lower Cross, Cross Houses, near Shrewsbury, was acquitted of a charge of escaping from custody, as he only ran from the courtroom under duress, a jury at Shrewsbury Crown Court ruled.

Jonathan Veasy-Pugh, prosecuting, insisted Harris's actions were a clear attempt to escape, and the defence that he was under duress did not work as he was not in immediate or imminent danger.

Harris had not raised his concerns with the judge or court staff before or after running from the dock, nor did he request to speak to a police officer at the time, he said.

But Harris, a slightly built man of 5ft 9ins, claimed to have taken two serious beatings at HMP Birmingham.

On June 9 he said he lost consciousness after being punched and kicked in a tunnel when leaving the exercise yard, leaving him with damage to his spine.

He was offered transfer to a secure wing, but was advised by other inmates that would be seen as confirmation he was a sex offender, so he declined.

Harris was unaware there was a police officer at the prison that he could talk to.

On August 26 he was found on the floor of his cell with severe bruising to his face and damage to his arm – but the prison's police officer was not made aware of this until nearly two weeks later, after Harris's court appearance on September 2.

On that day he had been transported in a van with six other inmates, who began shouting abuse at him, calling him "monster", "beast" and "nonce", Harris said. He said one had threatened to kill him, and Harris claimed to recognise the man as the leader of the gang who had hit him on August 26.

He said he felt prison services were preventing him from contacting police.

At the hearing no one had mentioned his injuries and Judge Robin Onions had told him he was not able to respond to a letter written by Harris which mentioned them.

Harris said of his attempt to flee: "It was madness, really – there might have been better ways to deal with it."

But, he said, he was caught between a rock and a hard place and chose the option that might have saved his life.

Gordon Hennell, defending, said Harris was in a state of panic, and trying and get the attention of a policeman and "get matters into the public arena".

"He was unable to effectively complain to those people who should investigate," he said.

The hearing where Harris fled from the dock was to make a legal application over his conviction for stealing valuables from the home of pro-hunting campaigner Otis Ferry, son of rock star Bryan Ferry, among others. Harris still denies the charge and intends to appeal his conviction.