Prisoner takes court action over period of ‘almost solitary confinement’

A man jailed for an "odious and gut-wrenching" assault on his former girlfriend has brought High Court proceedings over a 14-day period of detention that left him in "almost solitary confinement" following an outbreak of Covid-19.

Lee Goodchild (30), of Auburn Village, Mullingar, Co Westmeath, was sentenced to 2½ years in prison last June as a result of the assault at Ardnacassa Avenue, Longford, on May 14th, 2020.

Goodchild has tabled judicial review proceedings against the governor of Castlerea Prison, Minister for Justice Helen McEntee and the Attorney General.

In the High Court on Monday, Michael O’Higgins SC, said the basis for the application centred on claims Goodchild’s detention was a breach of his constitutional and human rights.

“The applicant was during a 14-day period in February subjected to a regime of almost solitary confinement but was in fact close confinement because there was another man in the cell and this was because he was a close contact of a person who had Covid-19,” Mr O’Higgins said. “During that period he was deprived of social contact other than the man in his cell.”

He said there was not just an “inconsistency” but a “patchiness” to Goodchild’s detention at a time when prisoners on a landing below his client were permitted to exercise and afforded showering facilities.

‘Remarkably extreme regime’

Mr Justice Charles Meenan said it was well established the court could not involve itself in the management of prison regimes, a claim Mr O'Higgins said fell outside of that practice.

“This is different as this is systemic,” counsel said. “This appears to be a situation where a particular regime is being applied admittedly and properly to deal with the Covid-19 pandemic but in circumstances where the restrictions cut across constitutional rights.”

Mr O’Higgins argued prison authorities had imposed a “remarkably extreme regime” on his client at a time when he had tested negative for Covid-19 twice.

In a sworn affidavit to the court, Fiona Baxter, solicitor for Goodchild, said her client was subjected to physical and sensory deprivation, illustrated by how he had been left to wash his clothes for the two-week period in a bucket inside his cell.

Mr Justice Meenan adjourned the application for leave until May 17th to allow the Irish Prison Service to be put on notice .

Goodchild was sentenced to 3½ years in prison last year.

Longford Circuit Court Judge Keenan Johnson suspended the final year of that sentence for what he termed as a "vicious" and "brutal" assault on his ex partner. "This was an odious and gut-wrenching attack," he said.