The prisoner referred to was sentenced to two years imprisonment at the Dublin Circuit Court on 10 July 2001 for allowing a premises to be used as a brothel. On 3 October 2001 he was transferred to the Midlands Prison from Wheatfield Prison. On committal to the Midlands Prison, he was interviewed by the Governor and he stated that he had no difficulties with anyone in prison and that he had requested the transfer to the Midlands Prison. From the date of his transfer to the Midlands Prison up to 9 January 2002, the date of the alleged incident, the prisoner never made any complaint to the prison authorities about his treatment nor did he indicate that he felt under threat from any other prisoner.