Lawyers for jailed murderer Daniel McDonnell have brought fresh proceedings claiming the authorities at Wheatfield Prison have failed to act on foot of a High Court judgment that his detention in solitary confinement breaches his constitutional rights.
Earlier this month Mr Justice Brian Cregan found the regime McDonnell has been subject to in the prison for the last 11 months amounted to "a breach of McDonnell's constitutional right to bodily and psychological integrity".
McDonnell, from Brookview Lawns, Tallaght, was found guilty of murdering Melanie McCarthy McNamara (aged 16) by a jury at the Central Criminal Court. She was gunned down, as she sat in a car with two others, in a drive by shooting in Tallaght in February 2012.
Another man, Keith Hall, Kilmartin Drive, Tallaght was sentenced to 20 years in prison after he pleaded guilty to the girl's manslaughter, but not guilty of her murder.
In his High Court action McDonnell said he was not allowed mix with other prisoners and spends his time in his single cell. He also claimed he is being denied access to structured activities within the prison and was finding it difficult to cope. His physical and mental health has suffered.
Following his judgment Mr Justice Cregan made a formal order quashing the decision allowing the prison authorities keep McDonnell in solitary confinement, and made several declarations including that the prisoner’s rights to bodily and psychological integrity were breached.
The governor argues McDonnell has been kept apart from the rest of the prison population for his own safety, and has appealed Judge Cregan’s decision.
Yesterday McDonnell’s lawyers have launched fresh proceedings claiming nothing has changed since the court’s judgment.
They now seek an injunction restraining the prison Governor from further breaching McDonnell’s constitutional rights to bodily and psychological integrity. The governor has opposed the application.
Wheatfield Prison Governor Mr Patrick Kavanagh yesterday told the court there is a serious threat to McDonnell's life and safety. The threat was such McDonnell is not safe among the general prisoner population "in any prison in Ireland. "
Mr Kavanagh said McDonnell’s current location on a secure wing in Wheatfield prison is the safest place for him to be.
The witness told Seamus Woulfe SC that McDonnell’s situation was “reviewed daily” and efforts were made so McDonnell could spend more time outside of his cell. One of the difficulties was McDonnell had fallen out with Keith Hall, who is also in the same wing as him.
Under cross examination by Bernard Condon SC for McDonnell Mr Kavanagh accepted little had changed since the court gave its judgment. He also accepted as things currently stand McDonnell could remain in solitary confinement for some time.
Mr Kavanagh said he was “boxed off” and that the prison’s options were so limited in this particular situation. McDonnell was “a difficult individual” who had breached prison discipline on a number of occasions. He said he had to be conscious of the threat as McDonnell’s life and safety was “very much my responsibility”.
The criminals who wished to harm Daniel McDonnell he said had “an extensive means of influence” within prisons, and it was impossible for the prison services to know where exactly the danger to McDonnell would come from.
Mr Kavanagh also rejected a suggestion by counsel that nothing was been done to remedy what is “a really difficult situation”. He further rejected counsel’s suggestion that McDonnell’s regime had improved because of the court proceedings.
Mr Justice Cregan adjourned the matter for two weeks. The Judge said he accepted there were difficulties in this case that “could not be solved overnight.” However given the court’s findings in relation to McDonnell’s rights the status quo could not remain.
Over the next few weeks he suggested that a number of matters be looked into by the Governor. These include making arrangements for McDonnell to be seen by various parties including the prison’s psychological and psychiatric services.
The Judge also requested that steps be taken to see if McDonnell could associate with other prisoners who do not pose a risk to him, including Mr Hall. The Judge also asked that the possibility of McDonnell being transferred to another prison be considered.