A man jailed in Portlaoise Prison has brought a High Court action claiming he has been unable to instruct his solicitor because she kept setting off the metal detector.
Ming Liu, who is serving a four year sentence for a drugs offence, claims his solicitor, Eileen McCabe, has been told by the prison authorities she cannot enter the prison as long as she keeps setting off the metal detector.
Liu, a Chinese national, says he needs to consult with his solicitor and the prison policy is unfair and unreasonable.
Feichin McDonagh, for Mr Liu, said Ms McCabe had travelled to Portlaoise late last month for a consultation with her client concerning whether he qualifies for remission of his sentence.
She went through the prison’s metal detector which indicated the presence of metal but, according to Ms McCabe, it is commonplace for a metal detector to alarm when she or other females go through.
When this happened previously, security staff asked the solicitor to go through the detector several times before permitting her entry, counsel said. On one visit, she had to go through the detector eight times.
On this particular occasion, Ms McCabe went through the detector three times and it each time indicated the presence of metal although she had no metal objects on her person, counsel said.
She was then informed by the prison’s security staff she could not enter and have the consultation.
Ms McCabe said she was happy to consent to a body search by a female prison officer or to have a hand held device used to detect metal but was told there is a strict policy at Portlaoise Prison, “if the detector indicates the presence of metal on a person, that person will not be allowed to enter the prison.”
The policy was confirmed following a consultation with a senior prison officer.
Despite Ms McCabe being a solicitor on a professional visit, she was informed she was not allowed into the prison and the consultation did not proceed, counsel said.
Counsel said Mr Liu contends this “inflexible” policy, which does not allow for alternative security measures, lacks proportionality, marks a new departure from what was in place previously and is different to other prisons.
The current policy is inconsistent with the practice and procedures publicised by the Prison Service on its website and is irrational, it is also alleged.
Mr Liu was prejudiced by being denied access to his solicitor and the Prison Service’s replies to correspondence did not address Ms McCabe’s concerns, it is claimed.
In judicial review proceedings against the Irish Prison Service, Governor of Portlaoise Prison and the Minister for Justice, mr Liu wants an order quashing the policy being operated in respect of security screening at Portlaoise Prison.
Permission to bring the case was granted on an ex-parte basis (one side only represented) by Mr Justice Paul McDermott who returned the matter to early next month.