Courts / Dublin / Report

Rapist and child abductor loses High Court case against State over recording of solicitors' calls in prison

Date
2015-07-15

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Michael Murray, aged 43, was convicted in 2013 of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft, and sentenced to 15 years in prison. In 2015 he brought a High Court action against the Irish Prison Service and the Minister for Justice, claiming that his solicitors' phone calls had been recorded in prison. The court found that in May and July 2013 some of Murray's calls were indeed recorded, including those to his solicitors, due to an anomaly in the phone system. The recordings were made inadvertently and were not accessed by prison staff or the Gardaí. The judge ruled the recordings were inappropriate but did not amount to a prejudice of Murray's rights, dismissed the application, and awarded costs against him. The case was heard in the Central Criminal Court, and Murray's conviction remains pending appeal.

Who, what, where, when and why

What: Report matter: Rapist and child abductor loses High Court case against State over recording of solicitors' calls in prison. Procedural stage: appeal. Findings: Found guilty

When:

July 2013 Incident
March 2014 Hearing Or Sentence
July 23 2013 Hearing Or Sentence
February 12th Incident
2015-07-15 Publication

Why: Mr Burke said some prisoners had calls to their solicitors inadvertently recorded because some solicitor contact numbers were put on lines outside of line number one on their phone call application forms. CNI source report

Case subjects

Michael Murray

Applicant

Finding: Found guilty

Outcome: Found guilty; Photo: Collins) A man jailed for 15 years for the rape and sexual assault of a woman whose child he abducted in the same incident has lost a High Court action taken against the State after it emerged his solicitors' calls were recorded in prison. The action was brought by Michael Murray (43), formerly of Killiney Oaks, Killiney, Dublin, who was jailed at the Central Criminal Court in 2013 for 15 years for rape, attempted rape, oral rape and aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.

Prison Service

Applicant

Finding: Found guilty

Outcome: Found guilty