Judgment: 2011-04-07 · Court archive

High Court says prisoner's dental-care judicial review lacked supporting evidence

Stephen Maher sought an order of mandamus over alleged inadequate dental care in prison. The court said the application could not be seriously considered on the material provided.

High Court · [2011] IEHC 246

Who, what, where, when and why

Who
  • Stephen Maher (Applicant)
What

Stephen Maher sought an order of mandamus over alleged inadequate dental care in prison. The court said the application could not be seriously considered on the material provided.

Where

Places mentioned in the report

  • Castlereagh Prison
When

Judgment:

Why

Reasons reported in the judgment

The High Court said it had no basis to seriously consider Stephen Maher’s judicial review application over alleged inadequate dental care while he was detained in Castlereagh Prison.

The High Court said it had no basis to seriously consider Stephen Maher’s judicial review application over alleged inadequate dental care while he was detained in Castlereagh Prison.

In a judgment delivered on 7 April 2011, Mr Justice Ryan said Maher’s application form stated that he needed dental care, was in serious pain and was at risk of losing his teeth. He sought an order of mandamus, a form of court order compelling a public authority to act.

The judgment records that Maher provided no other information or documentation. The court said there was no evidence explaining the circumstances, what efforts he had made to obtain treatment, or whether he had received any treatment. It also said there was no evidence about his use of the prison’s internal procedures, including whether he had applied to the visiting committee.

The court concluded that, in those circumstances, there was no basis on which the application could be seriously considered. The judgment does not record a determination of whether Maher received proper dental care or whether the allegations about pain and risk to his teeth were true. It also does not specify a separate order dismissing the application.

Read the original court judgment

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