Baby abuser could get taxpayer compensation after inmates battered him with tuna cans

4 May 2022, 12:58 | Updated: 4 May 2022, 13:09

An abusive father who injured his four-month-old child so badly his legs had to be amputated could be in line for compensation after being attacked in prison.

Anthony Smith, 51, is serving a 10-year sentence at HMP Swaleside in Kent for abusing his son Tony along with his partner Jody Simpson, who was also jailed.

Tony was so badly injured in 2014 that he had to have both legs amputated in 2017.

In 2018 Smith was subjected to a two-hour attack from Michael Stewart, 31, and Nathan Odgers, 36, during which the pair hit him with socks filled with cans of tuna - causing him to lose teeth - and threatened to "chop off his legs".

Stewart and Odgers, who were both in prison for violent acts, had their sentences extended on Tuesday after pleading guilty to false imprisonment and assault causing actual bodily harm.

Now Smith could be eligible for taxpayer-funded compensation as a result of the attack, according to The Daily Mail.

The paper reports the child abuser could claim for both physical injuries and mental trauma.

A Ministry of Justice (MoJ) spokesperson said: "We successfully defend two thirds of these compensation claims and only settle where it’s likely to save money for the taxpayer.

"Paying debts to victims is always the priority when we do settle before the offender sees a penny."

The spokesperson also said the MoJ was "addressing" issues that can lead to claims to try and prevent them occurring, and also said it was cracking down on prison security to keep out "illicit items which fuel violence" in prisons.

Tony, now seven, is living with an adoptive family and campaigning with his adopted mother Paula for law changes.

Tony's Law, which will increase maximum penalties for child abusers, is being introduced under the Police, Crime Sentencing and Courts Act, which received royal assent last week.

When Tony was five he raised more than £1,000,000 for the Evelina London Children's Hospital by walking every day in June 2020, covering a distance of 10km.

The hospital has cared for him since he was four-months-old.

According to a response to a 2014 Freedom of Information request, the MoJ settled 111 claims following prisoner assault by another inmate over a five year period from 2009 to 2014.

The claims amounted to £708,941.

Alongside the figures, the MoJ said: "Wherever possible we robustly contest prisoners' claims, and the vast majority are successfully defended.

"However, there will be some cases where it is right for prisons to accept liability and pay compensation, including rare but tragic cases where prisoners have suffered serious injury or death.

"But to protect the public purse, we will only do this on the basis of strong legal advice."

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Stewart, who had links to Bedford, was given an extended jail term of eight years and five months and father-of-four Odgers, from Hastings, East Sussex, received an extended sentence of nine years and six months.

Judge Jeremy Donne QC ordered Stewart to serve an immediate jail term of three years and eight months and Odgers four years and six months.

The judge then ruled the two will also have to serve another five years on licence when they are released after serving two-thirds of the jail terms.