The High Court directed the Governor of Mountjoy Prison, the Irish Prison Service and the Department of Justice to disclose video footage of Steven Penrose for every day in January 2022 and for 25 July 2022. The footage is to include conversations with the Governor or other prison staff.
Ms Justice Bolger made the direction on 26 January 2024 in Penrose’s application for discovery in judicial review proceedings. He alleges he was unlawfully held in solitary confinement for extended periods from December 2021. The respondents say his restricted regime was due to threats against staff and disciplinary sanctions for his conduct.
The dispute includes conflicting accounts of requests to leave solitary confinement. Penrose said he repeatedly asked to be moved, including every day in January 2022. The Governor’s affidavit and log record offers to move him that he allegedly refused. Penrose accepted that he refused on a few occasions because of pending court applications, but disputed the respondents’ broader account.
The respondents had agreed to disclose footage for 14 September, 17 October and 15 November 2022, dates on which they say offers to move were refused. They argued that other footage was irrelevant, excessive and unduly onerous to produce. Penrose sought footage beyond those dates, saying it could challenge the Governor’s affidavit and log.
Justice Bolger rejected disclosure of the entire period of footage sought, citing the length of time covered and Penrose’s failure to identify what footage was relevant and why. She said bare assertions were not enough to use discovery merely to test the respondents’ affidavits. However, she accepted that footage for January 2022 and 25 July could assist with a central factual dispute and would not be unduly onerous to disclose.
The judge did not decide how far back the court may have jurisdiction to review the confinement. She said that issue was for the trial judge and declined to limit discovery by reference to the judicial review time limit. The ruling therefore concerns disclosure only; it does not determine whether the confinement was unlawful.
Justice Bolger gave an indicative view that there should be no order as to costs. She listed factors including Penrose’s success in obtaining some discovery, his status as a lay litigant in custody, and the scope of his original request. The matter was listed back before her on 8 February 2024 for final orders, including the identity of the deponent and the time for discovery.