Cloverhill Prison in Dublin has promised the High Court it will “change its practice” surrounding its provision of kosher food to prisoners on foot of a challenge by a rabbi to his ongoing detention at the facility.
The High Court on Friday directed an inquiry into the detention of London-based Rabbi Jonathan Abraham (47), who claims his human rights are being breached at the prison, where he is remanded in custody charged with carrying out an unlicensed medical procedure over a circumcision on a young child in Dublin.
Mr Abraham claims his rights are being breached as the prison has failed to provide him with kosher food, which is food prepared in accordance with Jewish religious beliefs.
Kosher food must be prepared with kosher utensils, using approved ingredients by staff trained in kosher practice, and must be certified by a recognised authority.
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Giving evidence before Ms Justice Nuala Jackson during a sitting of the High Court on Saturday, Mr Abraham said he had raised the matter with prison authorities on “numerous occasions”, but that the matter had not been dealt with.
“I was served a piece of chicken that arrived in a cardboard box and told it was kosher,” he said. “The word kosher was written in handwriting on the box. It is the regular cardboard box that all the prisoners receive their meals in.
“The rule with kosher is guilty until proven innocent. If a piece of chicken is kosher, it comes in a sealed box. It has to be ordered specifically.
“There is absolutely no way that such a piece of chicken can be kosher, especially when I have seen the tray that is the source of this piece of chicken containing many, many pieces of chicken. It is not something I have any doubt in my mind about.”
Mr Abraham said his diet since being incarcerated at the facility on August 1st has consisted of “breakfast cereal, namely Weetabix and Cornflakes”, as well as boiled potatoes and boiled peas, and occasionally fruit.
Giving evidence later, Cloverhill Prison assistant governor Paul O’Neill said prison authorities had informed the officer in charge of the kitchen of Mr Abraham’s dietary requirements. The officer then carried out some research on the internet.
Under cross-examination from Michael O’Higgins SC, Mr O’Neill agreed the officer in charge of the kitchen was not an expert on the topic of kosher food.
“All I can say is provisions were made to the best of the kitchen’s ability,” he said. “There was absolutely no attempt made to re-box a chicken that had come from the tray. We made our best efforts to accommodate Mr Abraham.”
However, he added that the prison has begun attempts to source kosher food from an accredited source, but that this had not been possible on Saturday as it is the Jewish Sabbath.
“There will be a change of our practice going forward as regards where we source our kosher food,” he said.
Mr O’Higgins said the State had “failed ignominiously” in its obligations to Mr Abraham. “I would go so far as to say the evidence which has been given in court is quite shocking,” he said.
“What could be more basic or fundamental as a prisoner than being fed? Very few things. We have an acknowledgment that, but for us coming to court, they would have continued on doing what they were doing. That deems his custody unlawful.
“The State says it is now on the right road. That is welcomed. But to say that Mr Abraham should simply go back to jail on the basis that they will do things to remedy this. My client should be admitted to bail in the interim period.”
Mr Abraham was refused bail at a hearing on August 1st. Gardaí objected to bail due to the seriousness of the case.
Det Gda Megan Furey said at the hearing that there were “significant flight risk” fears given Mr Abraham, a father of 10, has no ties to this jurisdiction and is a man of means.
Ms Justice Jackson said she would rule on the matter on Sunday.
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