Courts / Meath / Report
Attempted murder accused challenges prison segregation
Summary
Caolan Smyth, a 28‑year‑old prisoner remanded for attempted murder, has filed a High Court challenge against his confinement in the Midlands Prison's segregation unit. He alleges that since his transfer a few months ago he has been locked in his cell for 23 hours a day, denied regular exercise, educational and vocational opportunities, and limited to screened visits. Smyth argues that the prison authorities claim he is isolated for his own safety, but he disputes that his life is in danger from other inmates. He contends that the conditions amount to punishment without disciplinary hearings, breach his constitutional rights to bodily integrity and to prepare for trial, and prevent him from meeting his Dublin‑based lawyers after 5:30 pm on weekdays.
Who, what, where, when and why
What: Report matter: Attempted murder accused challenges prison segregation. Charges or matters: the attempted murder of James 'Mago' Gately who was injured but survived after being shot five times at a Topaz garage in Clonshaugh, Co Dublin, on May 10, 2017. Procedural stage: sentence
When:
- May 10, 2017 Hearing Or Sentence
- 2020-03-25 Publication
Case subjects
Applicant
Charges: the attempted murder of James 'Mago' Gately who was injured but survived after being shot five times at a Topaz garage in Clonshaugh, Co Dublin, on May 10, 2017 (Alleged Or Contested)
Outcome: Mr Smyth, represented by Keith Spencer BL and instructed by Niall O'Connor & Co Solicitors, claims that in addition to his continued detention in solitary confinement he is only permitted screened visits and is not given regular exercise. Arising out the conditions of his detention, Mr Smyth has brought judicial review proceedings against the Governor of the Midlands Prison, the Irish Prison Service and the Minister for Justice and Equality.; The judge adjourned the matter to a date in April.
Places mentioned
- High Court
- Special Criminal Court
- Midlands Prison
- Irish Prison
Topics
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