The governor of Wheatfield Prison is to appeal a High Court decision that the detention of a convicted murderer in solitary confinement for almost a year violates the prisoner's constitutional right to bodily and psychological integrity.
Mr Justice Brian Cregan earlier this week upheld the challenge by Daniel McDonnell to the regime imposed on him over the last 11 months was disproportionate and breached his rights.
McDonnell is serving a life sentence for the murder of Melanie McCarthy McNamara (16). The prison governor, in opposing the case, argued McDonnell was being kept apart from the rest of the prison population for his own safety.
Mr Justice Cregan made a formal order quashing the prison regulation under which McDonnell is being kept in solitary confinement.
He also made several declarations including that the prisoner’s rights to bodily and psychological integrity were breached.
Seamus Woulfe SC, for the prison governor, said his side intended to appeal and sought a stay on the judgment.
Counsel said efforts would be made to expedite the hearing of the appeal and the governor was trying to manage McDonnell’s situation in the prison on a day to day basis. A plan had been drawn up for McDonnell, including more structured activities and work duties within the prison.
There is a continuing threat to McDonnell’s safety, counsel said.
Bernard Condon SC, for McDonnell, said he was “troubled” as little had changed from McDonnell’s perspective since the court had delivered its judgment. The only change was McDonnell is now being brought to the gym three times a week but he remains effectively in solitary confinement, counsel said.
Counsel said he was concerned court orders in relation to McDonnell were not being complied with.
Referring to several anti-water charges protesters, counsel said others had been “put in prison vans” and jailed for not complying with orders of the court earlier this week.
Mr Woulfe said that comment was unfair to his client.
Arising out of the decision to appeal, Mr Condon asked the court for permission to bring new proceedings, including for an inquiry under Article 40 of the Constitution into the legality of McDonnell’s detention. Such proceedings would depend on what happened with the governor’s appeal, he said.
The judge directed an inquiry under Article 40, adjourned that matter for a week and put a stay on his other orders to Tuesday next.
In his decision earlier this week, Mr Justice Cregan said the disputed regime was described as a 22 to 23 hour per day lock-up but was “to all intents and purposes solitary confinement” which was unlawful and neither necessary nor proportionate to the perceived threat to McDonnell.
McDonnell, Brookview Lawns, Tallaght, was found guilty in January 2014 by a jury at the Central Criminal Court of murdering Ms McCarthy McNamara. The 16-year-old died in a drive by shooting in Tallaght in February 2012.
In his High Court action, McDonnell said he only gets one hour outside his cell to do chores and exercise and his request to be allowed mix with other prisoners had been refused. He claimed he was finding it difficult to cope and his health has suffered.