The State has again turned down a request by convicted murderer Mark Nash, said to be "highly suicidal" and at risk of dying due to not eating for some time, to be transferred back to Arbour Hill prison in Dublin.
As a result, the High Court will on Thursday begin hearing Nash's proceedings aimed at securing his transfer to Arbour Hill, where he had already served 15 years of a life sentence for the murder in 1997 of two people in Ballintober, Co Roscommon.
Hugh Hartnett SC, for Nash, said his client was anxious for the case to proceed given his client’s health. It was accepted by both sides Nash is “highly suicidal” and, as he had not eaten for some time, is at risk of dying, counsel said.
Nash (42) was last April given another life sentence after being convicted of the separate murders, also in 1997, of Sylvia Sheils (59) and Mary Callanan (61) at their sheltered housing in Grangegorman in Dublin.
He was initially taken to Mountjoy Prison but he sought to be returned to Arbour Hill where he claims he had been leaving a peaceful life.
In his action, he claims he was under 23-hour lock-up at Mountjoy and his life was under threat from other prisoners.
Since the action was launched last May, Nash has been moved to the Midlands Prison where he is currently incarcerated.
The court heard Nash alleges he is under threat at the Midlands Prison. The State says there is no evidence to support that claim.
Nash's proceedings, brought against the Irish Prison Service and the Minister for Justice, were due to start last week before the President of the High Court, Mr Justice Nicholas Kearns but were adjourned after the judge was told the transfer request was being reconsidered.
The court also heard Nash has stopped eating food and was hospitalised due to concerns about his health.
In a letter to the prison authorities, Nash said he has hidden the fact he has not eaten since June 9th last. The court heard a psychiatric report said Nash is suicidal. He has since been returned to the Midlands Prison.
On Wednesday afternoon, Mr Justice Kearns was told by Robert Barron SC, for the State parties, following a reconsideration of Nash’s request by a senior official with the Irish Prison Service, his application for a transfer had again been declined.
The decision was communicated to the parties eight minutes before the court sat to consider Nash’s case at 2pm on Wednesday afternoon. The reasons for the refusal were not outlined to the court.