A High Court action brought by convicted murderer Charlotte Mulhall over her inability to have visits from close family after her transfer to Limerick Prison from Mountjoy women’s prison in Dublin in 2018 has been resolved.
Mr Justice Anthony Barr was informed by Mulhall’s lawyers on Tuesday that it was no longer necessary to bring the action as she had received several visits with close family in recent months.
She had brought High Court judicial review proceedings against the Irish Prison Service, governor of Limerick Prison, Minister for Justice, Ireland and Attorney General claiming that the transfer had adversely affected visits from family members.
She had argued that due to the transfer close family, who are based in Dublin, were unable to visit her.
In her action Mulhall had sought a mandatory order from the court requiring the prison service to transfer her to Dublin so she could receive familial visits when necessary.
Represented by Conor Power SC, Mulhall claimed that situation had amounted to a disproportionate interference with her family rights.
On Tuesday Mr Power said that since the matter was last before the court the situation has changed. Commencing last October, his client had been facilitated with three visits, after being transferred to neutral venues by the prison authorities.
The court also heard that another visit has been arranged at an undisclosed location next month.
Mr Power said that the practical reality of the situation was that his client had got what she wanted out of the proceedings and that the action did not need to proceed. Counsel said that his client should be awarded the legal costs of her action. He argued that it was necessary to bring the proceedings for the visits to be arranged.
She had received such visits up until mid-2019 but had originally claimed that those were ended without any apparent formal notification to her. The visits did not resume until last October, well after the proceedings had been commenced, said counsel.
The State respondents opposed both the action and Mulhall’s application for costs.
Anne-Marie Lawlor SC, for the respondents, said the prison had made its facilities available for those wishing to visit the applicant and the applications for costs were based on several misconceptions. Counsel said that it was not responsible for the inability of close family to visit her in Limerick, which she said was due to external factors beyond either of the party’s control.
Mulhall had been afforded the same rights as every other prison in Limerick Prison. And her rights, which the prison authorities were keenly aware of, had not been breached.
The respondents did not accept that the bringing of the proceedings had resulted in the prison services making arrangements for Mulhall to visit close family.
Counsel said that the issues raised by Mulhall in the action were very significant for her clients. And they opposed the making of any mandatory order compelling the prison service to transfer Mulhall back to Mountjoy women’s prison to facilitate visits.
Inappropriate behaviour
Counsel said the established case law in this area is that the courts should “not attempt to micromanage prisons”. Visits to prison had also been curtailed over the last two years due to the Covid-19 pandemic, counsel added.
Following the conclusion of submissions in relation to costs Mr Justice Barr, in adjourned proceedings, said that he would rule on the issue on Wednesday.
In her action launched two years ago Mulhall claimed she was transferred to Limerick two days after being seen by a prison officer sitting on another officer while performing a beauty treatment.
She had always disputed any allegation that anything inappropriate occurred or that she was in an allegedly compromising position with the female officer in question. She also claimed she was never given the opportunity to address the prison authorities over what she claimed occurred. She further claimed that the transfer prohibited close family from visiting her.
Last year the High Court ruled that Mulhall was not entitled to leave to challenge the decision to transfer her to Limerick, as her action had been brought out of time.
However, the court said she was entitled to bring an action over her visiting arrangements.
Charlotte Mulhall and her sister Linda Mulhall were convicted in 2006 of killing of their mother’s boyfriend, Farah Swaleh Noor, in March 2005.
The dismembered body of Noor, who had a history of being extremely violent towards women, was found dumped in the Royal Canal, near Croke Park, some days afterwards.
Following a high-profile trial at the Central Criminal Court, Charlotte, who was aged 21 at the time of the killing, was found guilty of murder.
Linda was found guilty of manslaughter, sentenced to 15 years in prison and has been released from custody.