Frederick ‘Freddie’ Thompson granted leave to challenge prison transfer

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

Frederick ‘Freddie’ Thompson secured permission on 7 October 2014 for a High Court judicial review of his transfer from Cloverhill Prison to Cork Prison and disciplinary sanctions. Mr Justice Michael Peart granted leave on an ex parte basis, with the case to return in late November.

Thompson had pleaded guilty at Dublin Circuit Criminal Court to engaging in violent disorder. The offence occurred at Morrissey’s Pub, Cork St, on 7 January 2013. He was remanded in custody until a sentencing hearing on 2 February. The proceedings were reported on 8 October 2014.

His action against the governor of Cloverhill Prison, the Prison Service and the Minister for Justice sought orders quashing the transfer, as well as damages.

Counsel Micheal Ó Higgins said the transfer appeared to be part of disciplinary measures following an incident on 13 September in Cloverhill’s visitors’ area. He said Thompson claimed he was “violently attacked” by three other prisoners. Counsel said they were “separation prisoners” who should not have been there at the same time. Thompson said he was not to blame.

The report said a disciplinary hearing found Thompson guilty of indiscipline and that finding was upheld on appeal. He was segregated, denied privileges and personal visits, locked up for 22.5 hours daily, and deprived of exercise and structured activities.

The report said Thompson was not allowed a legal representative or a friend at the hearing. Counsel said no formal record was taken and argued that segregation was unlawful. He said Thompson was told on 25 September he would return to the general prison population. The report said he instead remained under the restricted regime.

The report said Thompson was transferred on 30 September without reasons being given. His solicitor and family sought explanations for his segregation and transfer, but received none and first learned of the transfer from a newspaper.