Daniel McDonnell, who was convicted of the murder of Melanie McCarthy McNamara and who has spent almost a year in solitary confinement, has secured High Court injunctions requiring the Wheatfield Prison authorities to allow him more time out of his cell, more social interaction and family visits.
Mr Justice Brian Cregan said there was “uncontroverted evidence” McDonnell’s mental health was suffering because of the conditions in which he is held.
The judge had ruled last month the 23-hour lockup regime breached McDonnell’s constitutional right to bodily and psychological integrity. After complaining that the prison authorities had done little to alter McDonnell’s regime since that February 17th ruling, which the authorities are appealing, lawyers for McDonnell sought injunctions compelling the prison authorities to do so.
In opposing the injunctions application, the governor of Wheatfield, Patrick Kavanagh, argued McDonnell was the most vulnerable and at-risk prisoner within the penal system and was under lockup for his own protection.
Family visits
Granting the injunctions, Mr Justice Cregan said “exceptional measures” would have to be taken to ensure McDonnell’s constitutional rights were protected.
The conditions under which McDonnell is detained, on foot of a life sentence for murdering 16-year-old Melanie McCarthy McNamara in Tallaght in 2012, were set to continue for several years and must be ameliorated, he said.
The injunctions sought were “a measured and proportionate response” to the difficulties McDonnell found himself in and the court was not trespassing on the governor’s management of the prison, the judge said. He granted injunctions directing the governor to allow two hours social interaction daily for five days a week and said McDonnell must also be allowed out of his cell for three hours daily on average for five days a week.
McDonnell is also entitled to receive two family visits per week of about one hour each, the judge added.