Governor wins appeal over Daniel McDonnell’s detention conditions

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

The Court of Appeal allowed the Governor of Wheatfield Prison’s appeals on 31 July 2015, setting aside High Court orders concerning Daniel McDonnell’s detention conditions. McDonnell was the respondent, rather than the appellant.

The appellate panel comprised the President, Birmingham J. and Hogan J.

On 24 January 2014, McDonnell was convicted of the murder of Melanie McCarthy McNamara. He was subsequently sentenced to life imprisonment. Following his arrival at Wheatfield in February 2014, he was continuously subject to separation directions under rule 63 of the Prison Rules 2007.

In the High Court, Cregan J. had found that his confinement breached his constitutional rights and granted injunctions intended to alleviate the regime, including minimum facilities for association with two other prisoners. The appeal judgment referred to a High Court judgment dated 20 March 2015.

McDonnell’s solicitor’s affidavit described his conditions as effectively solitary confinement and said he had been on 23-hour lockup for almost a year.

The Court of Appeal held that the High Court’s analysis was insufficient. It found that the threat to McDonnell was grave, the restrictions served only to protect him, and the arrangements were temporary and constantly reviewed. There was no element of punishment.

The court considered the conditions harsh but not intolerable. McDonnell retained contact with family, legal advisers and medical and psychological services. The Governor acknowledged the difficulties and was endeavouring to improve conditions.

The court also said the High Court lacked accurate, current mental-health evidence because McDonnell had exercised his entitlement to withhold it. Without that information, it was not justified in inferring an incipient deterioration in his mental condition caused by detention.