A key witness in the Jane Creba murder trial claims he is being beaten and intimidated by jail guards at Metro West Detention Centre.

Richard Steele is serving a six-month sentence for unrelated gun and drug charges but is being held at Metro West in anticipation of his testimony at the preliminary hearing of seven men charged in the Boxing Day 2005 shooting of Riverdale Collegiate student Jane Creba outside a Yonge Street shoe store.

In court Thursday, Steele pleaded with the judge to have him moved from the west-end jail saying he couldn't even get access to basic necessities like showers, lip balm and toothpaste.

Outside court Steele's lawyer Selwyn Pieters said he is planning to sue the jail and decried what he called a "lawless, unaccountable culture" among prison guards.

"It outrageous what Richard is going through," Pieters said.

"Wonderful Canada," added Valarie Steele facetiously, Richard's mother and a prominent black activist.

Pieters said Steele has been assaulted twice, the most recent occurring two days ago at the hands of a female jailer. He said the jail supervisor threatened Steele that his life would "be a living hell" if he proceeded with a complaint.

According to Pieters his client, who is being held in solitary confinement, only has contact with guards.

Steele was involved in a fight with members of a rival gang at the Eaton Centre an hour before Creba was shot. In wiretaps he was caught saying that he was outside the Foot Locker and was standing next to Creba when she was shot.

Police allege Steele may well have been the intended target and was possibly wounded the day in question.

Several weeks ago his lawyer attempted to have a supboena forcing him to testify at the preliminary hearing quashed arguing that being a "rat" was a death setence in the criminal subculture to which Steele belongs.

The attempt was unsuccessful. The judge ruled it was Steele's moral and civic duty to testify.