The Immigration Minister says he found out yesterday that a private prosecution is being taken against SERCO, the company that runs Mt Eden Prison.
Prisoner Jimmy Akuhata, who was badly beaten and left with brain injuries, is seeking punitive damages.
The Herald on Sunday reports he was badly beaten but wasn't seen until about 30 hours later because prison staff failed to notice he had been attacked.
Minister Sam Lotu-liga says while SERCO is under investigation this is not a matter he will deal with.
"That is a matter for that individual and SERCO to deal with, that's a private prosecution which I have no part to play."
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