A prison officer who abused his position of power and carried out an indecent assault at a now notorious detention centre in the 1970s has escaped jail as he was too ill to stand trial.
Alexander Flavell, 89, is the eighth member of staff from Medomsley Detention Centre near Consett, County Durham, to be successfully prosecuted for historic abuse of inmates.
The case represented the culmination of a mammoth inquiry by Durham Constabulary which has seen more than 2,000 former inmates come forward to make allegations about the abuse, both sexual and physical, that they suffered at the hands of staff between the 1960s and the 1980s.
A jury at Teesside Crown Court found that Flavell committed misconduct in a public office and a charge of indecent assault. He was cleared of buggery – which would now be charged as rape – and two counts of assault.
The jury was unable to agree on a final assault charge and the prosecution will let the court know within a fortnight if it will apply for a retrial on that count.
Judge Howard Crowson told the jury the only possible disposal for the case was an absolute discharge as Flavell has dementia, as well as physical problems.
Medical tests found he was too unwell to stand trial, he did not attend court and the jury was asked to simply decide whether he committed the acts as charged.
Nicknamed Fatty, Flavell persistently exploited his position of authority and repeatedly attacked teenage trainees who were undergoing the “short, sharp shock regime”.
Flavell at times worked as a chef with Neville Husband, who was convicted of serious sexual offences 20 years ago, and has since died.
In 1972 they indecently assaulted an inmate in the kitchen after they ordered him to strip naked and covered him in grease.
The misconduct charge, which spans 1969 to 1975, related to a number of complainants who alleged Flavell committed unlawful acts of violence on them.
When he was interviewed by police in 2014, when he was still well enough to speak to detectives, he denied any wrongdoing.
Ian Nicholson, also a former Medomsley guard, was charged with Flavell but died in December 2021 before the case came to trial.
Durham Constabulary launched Operation Seabrook in 2013 to investigate the Medomsley regime and more than 2,000 former inmates have made complaints, with a team of 70 detectives working on the case at times.
The inquiry previously led to convictions for five prison officers in three trials at Teesside Crown Court.
Husband and a storeman had already been convicted in the 2000s for their sexual abuse of inmates.
The latest and final Operation Seabrook trial means the number of ex-Medomsley staff to be convicted of abuse has reached eight.
Flavell’s trial was postponed several times due to the pandemic.
Medomsley was supposed to be tough, but “it was never intended to give officers a green light to assault prisoners”, said Jamie Hill KC, prosecuting.
Jurors heard there was an “atmosphere of fear and violence throughout this institution”.
Mr Hill said it was run in such a way that there was “almost an abusers’ charter”.
It was built on the site of a Victorian orphanage and was designed to house young offenders aged 17 to 21 to serve sentences for offences which today would not routinely attract a custodial sentence.
After the hearing, Detective Chief Superintendent Dave Ashton said: “The investigation into the abuse which occurred inside Medomsley Detention Centre in the 1960s, ’70s and ’80s highlights shocking and cruel treatment which many young people suffered whilst being detained there.
“This has been an incredibly long and complex investigation, spanning almost 10 years with a number of investigations which took place prior to that, resulting in the conviction of Neville Husband.
“These investigations have been important in reflecting not only the scale of abuse that occurred at Medomsley Detention Centre but also the courage which the victims of abuse have shown in coming forward.
“In listening to survivors, it has been clear that, as young people, they suffered some horrendous forms of abuse committed by people around them who were in positions of authority and this never should have happened.
“A team of committed and dedicated investigators have worked hard to investigate all reported incidents of abuse and gather evidence to present in court during four separate crown court trials.
“We encourage anyone who has suffered such abuse to report the matter to the police or seek appropriate professional support.”
