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Convicted rapist and child abductor sues State over recording of phone calls

Summary

Michael Murray, who was found guilty in 2013 of rape, child abduction, and other serious offences and sentenced to 15 years by Mr Justice Patrick McCarthy, has brought a High Court action against the State. Murray claims prison authorities unlawfully recorded confidential phone calls between him and his solicitors while he was incarcerated at Midlands Prison. He seeks injunctions, a declaration that the authorities acted outside their powers, damages for breach of constitutional rights, and an independent review. The matter is currently at the pre-hearing stage before High Court President Mr Justice Nicholas Kearns. Murray, representing himself, requested an order compelling the State to provide all documents and records of communications with his legal advisors and the return of a computer seized by An Garda Síochána. Counsel for the State, Colm Smyth SC, stated that recordings were made inadvertently because Murray did not use designated confidential lines, and that the computer was seized as part of a Garda investigation. Mr Justice Kearns ruled that Murray is entitled to discovery of recordings of calls made to his legal advisers between May and July 2013. The judge determined that the issue regarding the computer is a matter for the full hearing. The case is due before the court later this year and will be opposed by the State. Murray's appeal to the Court of Appeal remains on hold until this High Court action is determined.

Who, what, where, when and why

What: Report matter: Convicted rapist and child abductor sues State over recording of phone calls. Procedural stage: appeal. Findings: Found guilty

When:

• July 2013 Hearing Or Sentence
• February 12th Incident
• 2015-06-12 Publication

Why: Colm Smyth SC, for the State, said calls were recorded because Murray had not used designated confidential phonelines available to prisoners to have conversations with their lawyers. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report