Courts / Dublin / Report

Murderer gets injunction compelling prison authorities to allow him more time out of his cell

Date
2015-03-20

Stage
Sentence

Primary locality
Tallaght

County
Dublin

Summary

In March 2015, Daniel McDonnell, a convicted murderer serving a life sentence for the 2012 killing of 16‑year‑old Melanie McCarthy McNamara, obtained High Court injunctions from Mr Justice Brian Cregan. The judge found that McDonnell's solitary confinement for a year breached his constitutional right to bodily and psychological integrity. The injunctions require Wheatfield Prison to grant McDonnell two hours daily of social interaction with other prisoners for five days a week, three hours daily out of his cell for five days a week, and two family visits per week of about an hour each. McDonnell's lawyers argued that his situation had not improved since the initial judgment, while the prison governor opposed the orders and appealed the decision. The court emphasised that the injunctions were a proportionate remedy to protect McDonnell's rights without interfering with prison management. The injunctions remain in force for the foreseeable future.

Who, what, where, when and why

What: Report matter: Murderer gets injunction compelling prison authorities to allow him more time out of his cell. Procedural stage: sentence

When:

February 2012 Hearing Or Sentence
2015-03-20 Publication

Why: There was uncontroverted evidence that McDonnell's mental health was suffering because of the conditions he is being held in. CNI source report