Courts / Dublin / Report
Prison Governor to appeal High Court judgement on murderer's detention
Summary
The Prison Governor is appealing a High Court judgement that the detention of a convicted murderer in solitary confinement for nearly a year breached the prisoner's rights. The case is currently at the appeal stage. The Governor, represented by Mr Seamus Woulfe SC, argued that the prisoner, Daniel McDonnell, who is serving a life sentence for the murder of teenager Melanie McCarthy McNamara, was kept in solitary confinement for his own safety. However, McDonnell's lawyers contended that the 23-hour lock-up regime was disproportionate and violated his rights. The court previously quashed the regulation keeping McDonnell in solitary confinement and made several declarations, including that the prisoner's rights to bodily and psychological integrity were breached. The matter was adjourned for a week following the judge granting permission to bring fresh proceedings, including an inquiry under Article 40 of the Constitution into the legality of McDonnell's detention. The judge also placed a stay on his orders until Tuesday of next week. The judge found that the confinement in solitary was unlawful and neither necessary nor proportional to the perceived threat to McDonnell's person. McDonnell, who was found guilty in January 2014 of murdering Ms McCarthy McNamara, claimed he was denied access to structured activities within the prison and was finding it difficult to cope, with his health suffering.
Who, what, where, when and why
What: Report matter: Prison Governor to appeal High Court judgement on murderer's detention. Procedural stage: appeal
When:
- January 2014 Hearing Or Sentence
- February 2012 Hearing Or Sentence
- 2015-02-20 Publication
Case subjects
Appellant
Outcome: Referring to several anti water charges protesters, counsel said that earlier this week people had been "put in prison vans" and jailed for not complying with orders of the court.; The judge granted permission to bring the fresh proceedings, and adjourned them for a week.
Places mentioned
- Wheatfield Prison
- High Court
- Central Criminal Court
Topics
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