The governor of Wheatfield Prison has told the High Court a convicted murderer who has been in solitary confinement for more than a year is probably the most at-risk prisoner in Ireland, with a "serious threat" to his life and safety.
Patrick Kavanagh was giving evidence opposing an application by the prisoner in question, Daniel McDonnell, for an injunction over alleged failure by the prison authorities to act on a finding last month that the manner of McDonnell's detention breaches his constitutional rights.
Bernard Condon SC, for McDonnell, said the prison authorities had indicated his client could spend years in such confinement and that this was “not acceptable”.
Mr Justice Brian Cregan previously ruled the solitary confinement regime McDonnell has been subject to breached his rights to bodily and psychological integrity under the constitution.
Within days of the ruling, which has been appealed by the authorities, McDonnell’s lawyers initiated fresh proceedings claiming virtually nothing had changed for McDonnell. They want an injunction restraining Mr Kavanagh from further breaching McDonnell’s rights in this regard.
In opposing the injunction application, the authorities argued McDonnell is being detained in solitary confinement for his own protection.
Murder conviction
McDonnell, from Brookview Lawns, Tallaght, Dublin was convicted by a jury at the Central Criminal Court of murdering 16-year-old Melanie McCarthy McNamara. She was gunned down as she sat in a car with two others in a “drive-by shooting” in Tallaght in February 2012.
In his High Court action, McDonnell said he was not allowed mix with other prisoners and spends his time in his single cell. He said he has limited access to structured activities within the prison and finds it difficult to cope, his physical and mental health has suffered and he does not want to be in solitary confinement.
Seeking the injunction yesterday, Mr Condon told Mr Justice Cregan very little had changed since the judge’s decision and there was a lack of “creative thinking” by the prison service concerning how to deal with the situation.
At a minimum, the court should ensure McDonnell gets at least two to three hours a day social interaction and arrangements should be made to see if he could spend time in the prison gym or yard with other prisoners who would not pose a threat to him, Mr Condon said.
Mr Condon said the governor had determined that his client could spend years in solitary confinement, which was not an acceptable situation.
Mr Condon said that if the situation was not remedied, his side would have to advance an application under Article 40 of the constitution seeking McDonnell’s release from prison.
Opposing the application, Seamus Woulfe SC, for the governor, said what was being sought by McDonnell amounted to micromanagement of the prison, which was something the courts cannot do.
Mr Kavanagh said there is a serious threat to McDonnell’s life and safety and he was possibly the most at-risk prisoner in detention, and that he would not be safe among the general prisoner population “in any prison in Ireland”.
Mr Kavanagh said McDonnell’s current location on a secure wing in Wheatfield Prison is the safest place for him to be. The governor said the prisoner’s situation was reviewed regularly and efforts were being made so that McDonnell could spend more time outside of his cell.
Mr Justice Cregan said this was a very difficult situation and he would reserve his decision to next week.