Daniel McDonnell gets injunctions over prison conditions

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Daniel McDonnell, serving a life sentence for murdering 16-year-old Melanie McCarthy McNamara in Tallaght in 2012, secured High Court injunctions requiring changes to his conditions at Wheatfield Prison. The proceedings were reported on 21 March 2015.

McDonnell had spent almost a year in solitary confinement. Mr Justice Brian Cregan said there was “uncontroverted evidence” that his mental health was suffering because of the conditions in which he was held.

In a February 17 ruling, the judge had found that the 23-hour lockup regime breached McDonnell’s constitutional right to bodily and psychological integrity. The prison authorities were appealing that ruling. McDonnell’s lawyers sought injunctions after complaining that the authorities had done little to alter his regime.

Opposing the application, Wheatfield governor Patrick Kavanagh argued that McDonnell was the most vulnerable and at-risk prisoner within the penal system and was under lockup for his own protection.

Mr Justice Cregan said exceptional measures were required to protect McDonnell’s constitutional rights. He said the conditions were set to continue for several years and must be improved.

The judge directed the governor to allow McDonnell two hours of social interaction daily for five days a week, and three hours outside his cell daily on average for five days a week. McDonnell was also entitled to two family visits each week, lasting about one hour each.