scheme -- against Government orders, The Royal Gazette has learned.

The decision astounded Health and Social Services Minister the Hon. Quinton Edness.

He had viewed the 25-year-old Casemates prisoner, a convicted rapist, as dangerous, according to court papers obtained by The Royal Gazette .

Instead, he directed Burgess receive more psychological counselling and testing, and join an anti-drug scheme.

But his orders were ignored by prison chiefs who put him on the work release programme at the Maritime Museum.

The move proved disastrous as Burgess killed German visitor Miss Antje Herkommer after pulling her into a tunnel.

Other disclosures about the Herkommer killing include: A prisons psychologist stated there was no evidence Burgess was suffering a disorder in "either the form or content of his thought''; A prisoner was able to have sex with a local woman in the tunnel at the museum; and Prison chiefs investigated a report Burgess knocked on someone's door while on the programme.

The revelations are in witness statements made to Police during the Herkommer investigation.

These have been acquired by The Royal Gazette under the Supreme Court (Records) Act 1955.

Miss Herkommer, a 27-year-old German schoolteacher from Baden-Wurtemburg, who died on April 15 last year.

The Commissioner of Prisons was Mr. Milton Pringle, who has since stepped down.

Earlier this month Burgess, said to have been haunted by a troubled childhood, was jailed for life after admitting manslaughter with diminished responsibility. He denied murder.

At the hearing, psychiatrists claimed there was no known cure for Burgess' psychopathic personality, which made him exceedingly dangerous.

Psychiatrist at St. Brendan's Hospital, Dr. Richard Lament, said Burgess was one of the worst cases he had ever come across.

The Supreme Court heard Burgess, whose prison release was imminent, was allowed on a work programme because of improved behaviour.

It is now unlikely Burgess will ever be set free.

Mr. Edness told Police that in February 1991 he received a recommendation from the Treatment of Offenders Board for Burgess to be "released on licence'' after successfully completing a period on work release.

"I rejected that recommendation by not concurring and instead requested that Burgess was to continue psychological counselling and testing.

"He was to be enrolled in an anti-drug programme. Depending on his progress in both areas I would review again in six months.

"The letter so instructing the Commissioner of Prisons was sent on the 5th March, 1991, signed by Administrative Assistant Ms Eleanor J.E. Joell, on my behalf.'' Mr. Edness continued: "I was therefore shocked to learn that Burgess was placed in an unsupervised work release programme, contrary to my instructions, when it was obvious that my reason for rejecting the recommendation was that I considered inmate Burgess a risk to the public.'' In a statement to Police, Mr. Pringle said work release programmes were designed to reintegrate prisoners into society.

"Every reasonable care is taken in the selection process to put prisoners on these programmes who could work without problems, and we build a relationship with employers so that if there are problems they inform the chief officer of the establishment who would take the necessary action to remove the inmate from the work programme.'' Mr. Pringle also claimed he had looked into a report that Burgess had knocked on someone's door while on a programme.

Prisons psychologist Dr. Derrick Binns told Police he had met Burgess 26 times, the last occasion on October 29, 1991.

"During my interviews with Mr. Burgess since October of 1986, he has always communicated without any signs of disorder in either the form or the content of his thought.

"He always knew the date, our location, who he was and who I was, the circumstances of his incarceration and those of my visit.

"He was always dressed neatly. His mood was always appropriate to the content of his discussions. He did not display any unusual behaviours.

"Based on the consistency of these observations over a five-year period, it is my opinion that Mr. Burgess does not suffer from a formal Mental Disorder, but does have aspects of his personality that have caused him difficulty.'' Dr. Binns continued: "As a result of the offence of rape for which he is currently incarcerated, Mr. Burgess has been identified as an individual likely to benefit from a sex offender assessment and treatment programme, when it becomes available locally.'' And he concluded: "Mr. Burgess is aware of the difference between right and wrong, and is able to make reasonable judgments.

"There is no evidence to suggest that he is suffering from a disorder in either the form or content of his thought.

"However, there are aspects of his development which could serve to cause him difficulty in his psychological functioning.'' Dr. Binns added: "Because of the apparent improvements he had made during his period of incarceration he was recommended for release. His release was not supported by the Minister of Health, Social Services and Housing.'' Last night Dr. Binns stressed he had never made any assessment on Burgess' suitability for a work programme.

"There was no input from psychology for the determination of work programme assessment,'' he said.

Dr. Binns said he had actually recommended changes to the system of programmes.

And the system was changed following the Herkommer killing.

Dr. Binns added he had never been required to make a strictly medical diagnosis on Burgess.

And he pointed out his last meeting with Burgess was more than six months before the killing.

Burgess' condition may have deteriorated during that period.

"There is a time factor to be considered,'' he said.

Mr. Edness said last night he had been legally advised not to comment.

Following the Herkommer killing, there was a massive shake-up in the prison service.

Violent criminals such as Burgess would now no longer be considered for a work programme.

Measures included: A new inmate classification to help ensure eligibility for day release work programmes was restricted to those not considered a maximum security risk; Improved search procedures for returning prisoners and visitors; Separation of escort duty from normal prison operations to ensure physical security of Casemates was not compromised; and New system of staff shifts to ensure prison officers are able to rest between shifts.