A FORMER prisoner officer who admitted misconduct in a public office by starting an inappropriate relationship with an inmate at HMP Berwyn has been jailed.
Jennifer Gavan, of Seventh Avenue, Llay, pleaded guilty at Mold Crown Court on Friday, December 16, and was jailed for eight months.
Former prisoner Alex Coxon was also jailed for possession of a mobile phone, receiving a 10 months sentence.
The court heard that in July 2020, Gavan, 27, was interviewed by prison bosses after intelligence had been received that she had started an inappropriate relationship with Coxon, who had been caught trying to pass a mobile phone to a fellow inmate.
On this phone were explicit pictures of a woman, which could not be identified as Gavan, as well as TikTok style videos of her miming songs, which she denied sending.
However, Gavan did admit that she had sent explicit images to the then 23-year-old inmate, but in official interviews with prison bosses and police, denied receiving payments of £150 and £50 to smuggle in the phone.
But after a court order to investigate her bank account, it was found that the two amounts had been transferred to her by Coxon's sister.
When Gavan's phone was interrogated, explicit images and videos featuring her were found but the prosecution admitted they were not the same as found on Coxon's, who was identified as owning the device as his sister was the only contact.
In a formal disciplinary procedure, Gavan admitted that she had begun the relationship, and kissed Coxon while in the kitchen when he was on cleaning duty, while texts on her phone referring to it were also found.
In mitigation, Gavan's defence stated that she was an 'empathetic' prison officer to prisoners in Covid-19 lockdown, but was 'low in self-esteem, immature and naive', and she took full responsibility for her actions.
The court also heard that since her arrest, she had given birth and was on maternity leave. She also received references from former colleagues.
He added he considered her mitigation carefully, with credit for an early guilty plea and for turning her life around, but jailed her because of the seriousness of the offence.
He said: "Courts must make it clear that prison officers who misconduct themselves must face custody for very good reason.
"Inappropriate relationships and presence of phones in prison undermines the safety of staff and prisoners.
"When that potential impact is facilitated by a prison officer, the breach of trust is significant."
He continued: "You are also the mother of a seven-month-old son.
"It’s a major consideration in my sentencing but I have to consider whether it is proportionate, and in making that judgement, I must have regard to not only you and your child, but to society and the safety of others.
"This matter is so serious that only a custodial sentence is applicable."
Sentencing Coxon, of Rhys Avenue, Kinmel Bay, he referenced an 'appalling criminal record', including possession of a mobile phone in prison, plus armed robbery and drug dealing, and while he praised the defendant for also turning his life around, he said it passed the custody threshold.
He added: "You have used part of the delay constructively to find employment and are described as trying to turn your life around and for those reasons I consider whether I can suspend.
"But it is too serious to not consider imprisonment and I sentence you for 10 months."
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