A prisoner who claims to be living in fear of contracting diseases such as hepatitis B or C because of "inhumane, degrading and dangerous" conditions in Portlaoise Prison yesterday began a High Court challenge to the legality of his detention.
Marcus Brennan claims there are four toilets and three showers between 66 prisoners in the jail. He also claims there are five sinks - one of which is used for "slopping out" (disposing of human waste) and another which is used for washing delph and cutlery.
He claims he shares a cell with a prisoner with hepatitis B or C and suffers inhumane, degrading and dangerous conditions surrounded by people with AIDS, hepatitis and other infectious diseases.
As a result he suffers continuous stress and worry.
Brennan (29), formerly of Roncalli Place, Carlow, is serving a 3 1/2-year sentence after admitting robbery in June 1996.
In proceedings before Mr Justice Budd, he claims he is not lawfully in the custody of the Portlaoise governor because the governor failed to vindicate his constitutional rights, failed to guarantee his fundamental rights as a prisoner under the European Human Rights Convention and failed to comply with his duties under prison rules.
Yesterday, Mr Rex Mackey SC, for Brennan, read an affidavit from him in which he said he was remanded to Mountjoy Prison in April 1996 and detained, with four others, in a cell in the secure unit in the prison basement for 23 hours daily. He said the other prisoners were "injecting themselves with drugs" and discarding needles in the cell. There was a toilet in a corner of the cell and that area was mainly used by the prisoners to inject themselves. Brennan said he was terrified and made complaints.
He said that later, when a convicted prisoner, he was moved to Portlaoise. He was not medically examined before or after his transfer. He was shocked to find many prisoners there injecting heroin. He feared he would accidentally pierce himself.
In an affidavit, Mr William Donoghue, governor of Portlaoise, denies the allegations that Brennan's life and health have been exposed to danger.
He claims Brennan was medically examined the day after his arrival. The governor said Portlaoise had prisoners with hepatitis but other prisoners were instructed how to avoid contracting it. There was also an AIDS awareness film available to prisoners. There were six showers on D Block, where Brennan was detained, and other shower facilities.
The hearing continues today.
