Courts / Cork / Report
Murderer Freddie Thompson wants legal aid for prison conditions challenge
Summary
Convicted murderer Freddie Thompson has brought a High Court action challenging the Legal Aid Board's refusal to pay his legal costs for a 2019 case regarding his detention conditions. Thompson, serving a life sentence in Portlaoise Prison for the 2018 murder of David Douglas, previously sought judicial review over conditions in the prison's A4-wing. That 2019 action was withdrawn in November 2019 after he was moved to the mainstream population, a move the respondents attributed to security concerns rather than the legal action. Following the withdrawal, a High Court judge recommended Thompson's fees be covered under the Legal Aid (Custody Issue) Scheme. However, the Legal Aid Board refused this in August 2020, a decision repeated in March 2021, citing that Thompson did not qualify because he had already been convicted, sentenced, and lost his liberty. Thompson claims this refusal is an error in law and unreasonable, arguing the Board failed to interpret the scheme consistently with High Court judges. Represented by Micheal O'Higgins SC and Keith Spencer BL, Thompson seeks to quash the Board's refusal and obtain declarations that the decision breached fair procedures, constitutional rights, and the ECHR. He further claims the scheme is constitutionally deficient. Mr Justice Charles Meenan granted permission to bring the action on an ex-parte basis on Monday, with the matter made returnable to a date in October.
Who, what, where, when and why
What: Report matter: Murderer Freddie Thompson wants legal aid for prison conditions challenge. Procedural stage: sentence. Findings: Struck out
When:
- November 2019 Hearing Or Sentence
- August 2020 Hearing Or Sentence
- March 2021 Hearing Or Sentence
- 2021-07-05 Publication
Why: The reason for the refusal was that Thompson did not qualify for the scheme as he had already been convicted, sentenced and had lost his liberty. CNI source report
Case subjects
Applicant
Background Person
Finding: Struck out
Outcome: Struck out; Legal Aid Board's refusal to pay his costs for a case he took in 2019 over the conditions of his detention.
Applicant
Outcome: murderer Freddie Thompson has brought a High Court action over the Legal Aid Board's refusal to pay his costs for a case he took in 2019 over the conditions of his detention. The reason for the refusal was that Thompson did not qualify for the scheme as he had already been convicted, sentenced and had lost his liberty.
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