Courts / Dublin / Report
Solitary confinement of man who murdered teen amounts to breach of his rights, judge rules
Summary
In a 2015 High Court decision, Mr Justice Brian Cregan ruled that Daniel McDonnell's almost‑year solitary confinement at Wheatfield Prison breached his constitutional rights to bodily and psychological integrity. McDonnell, a 20‑year‑old convicted of murdering 16‑year‑old Melanie McCarthy McNamara, had been kept in a 22‑to‑23‑hour lock‑up regime, with only one hour outside his cell for chores and exercise. His lawyers argued the regime was disproportionate and unlawful. The judge found the 11‑month confinement was a clear, sustained violation of his rights, noting that the prison authorities had failed to set an end date under Rule 63 of the 2007 Prison Rules. McDonnell had requested to mix with other prisoners, but his requests were denied. The judge adjourned the matter to allow both sides to consider his judgment before any formal orders or declarations were made.
Who, what, where, when and why
What: Report matter: Solitary confinement of man who murdered teen amounts to breach of his rights, judge rules. Procedural stage: sentence. Findings: Found guilty
When:
- January 2014 Hearing Or Sentence
- February 2012 Hearing Or Sentence
- 2015-02-17 Publication
Why: McDonnell was kept in solitary under regulation 63 of the Prison Rules because there was a credible threat to his safety. CNI source report
Case subjects
Defendant
Finding: Found guilty
Outcome: Found guilty; Following the verdict, Mr Justice Paul Carney imposed the mandatory life sentence.; The judge adjourned the matter to later this week to allow the sides time to consider his judgment before making any formal orders or declarations.
Places mentioned
- Wheatfield Prison
- The prison
- Central Criminal Court
- High Court
Topics
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