Michael Murray loses appeal over recording of solicitor calls

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

Michael Murray lost his appeal against the dismissal of his High Court action over the recording of calls to his solicitors while in prison. The proceedings were reported on 4 March 2016.

Murray, 44, formerly of Killiney Oaks, Dublin, was jailed for 15 years at the Central Criminal Court in 2013 for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.

His action against the Irish Prison Service and Minister for Justice sought injunctions restraining interception of his calls, declarations and damages. Mr Justice Seamus Noonan dismissed the application the previous July. He said the recording was inappropriate and ought not to have occurred, but there was undisputed evidence that the calls were not accessed and unchallenged evidence that they were recorded inadvertently.

The three-judge court dismissed the appeal on Friday, three days after it opened. Giving judgment, Mr Justice George Birmingham described the application as “without substance” and the appeal as “without merit”. Mr Justice Alan Mahon and Mr Justice John Edwards agreed. Costs were awarded against Murray.

The court found that Murray had suffered no prejudice or other adverse effect, that the recordings were inadvertent and had not been accessed, and that steps had been taken to prevent a recurrence.

Murray had highlighted two calls to his solicitor on 23 July 2013, the evening before day 21 of his trial, during which he discussed privileged defence matters. Both calls used lines other than the designated solicitor line. The prison phone application form stated that the solicitor must be the first listed number and that calls to solicitors and the Samaritans were exempt from monitoring and recording.