Courts / Dublin / Report

Melanie McCarthy McNamara murderer seeks injunction over prison conditions

Date
2015-03-13
Stage
Sentence
Primary locality
Tallaght
County
Dublin

Summary

In March 2015, a High Court judge was set to decide whether to grant an injunction to Daniel McDonnell, a convicted murderer of 16‑year‑old Melanie McCarthy McNamara, who had been in solitary confinement at Wheatfield Prison for 11 months. The judge had previously found that McDonnell's solitary confinement breached his constitutional rights to bodily and psychological integrity. McDonnell's lawyers argued that nothing had changed since that ruling and sought an injunction to stop the governor from further breaching his rights, claiming he was kept in solitary for his own protection and that his physical and mental health had suffered. They requested at least two to three hours of daily social interaction and access to the gym or yard with non‑threatening prisoners. The governor's counsel opposed the injunction, arguing that McDonnell's isolation was necessary for his safety and that the court could not micromanage prison operations.

Who, what, where, when and why

What: Report matter: Melanie McCarthy McNamara murderer seeks injunction over prison conditions. Procedural stage: sentence

When:

Case subjects

Melanie McCarthy McNamara

Applicant

Outcome: During his evidence he said McDonnell was possibly the most at risk prisoner currently in detention and is not safe among the general prisoner population "in any prison in Ireland." Mr Kavanagh said McDonnell's current location on a secure wing in Wheatfield prison is the safest place for him to be.

Places mentioned

Court Venue
  • High Court
  • Central Criminal Court
Facility
  • Wheatfield Prison
Residence
Secondary Mention

Topics

Stage Sentence

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