Holland seeks access to media

Patrick "Dutchy" Holland, who is serving a 12-year sentence for possession of cannabis, has asked the High Court to overturn …

Patrick "Dutchy" Holland, who is serving a 12-year sentence for possession of cannabis, has asked the High Court to overturn the refusal by Portlaoise Prison authorities to allow him communicate with journalists.

In a hearing being conducted under tight security before Mr Justice McKechnie, Holland says he needs to communicate with the media so as to advance his claim that he is the victim of a miscarriage of justice.

In November 1997, Holland was sentenced to 20 years' imprisonment by the non-jury Special Criminal Court for possession of cannabis with intent to supply. In June 1998, the sentence was reduced to 12 years by the Court of Criminal Appeal.

Mr Edward Walsh SC, with Mr Daniel Boland, for Holland, said his client had protested at all stages that there had been a miscarriage of justice and he had endeavoured to have that highlighted by the media. He was concerned to advance his cause and it was crucial that he should have access to the media.

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In the proceedings against the governor of Portlaoise prison, Holland claims the prison authorities' refusal amounts to a fetter on Holland's right of access to the courts for the purpose of proving there has been a miscarriage of justice in relation to his conviction and sentence.

He also claims the application of the prison rules in his case is a breach of a citizen's constitutional right to freely express their convictions and opinions. He further alleges the refusal of his request for access was unreasonable and disproportionate and in breach of the rules of natural and constitutional justice.

In opposing the application, the Governor of Portlaoise Prison argues that the prison rules and the refusal of the right to communicate with the media is reasonable. In the interests of prison security, all incoming and outgoing letters between prisoners and outside correspondents were read, he said.

The restrictions on unfettered communication imposed on Holland were for reasons of security and good order in prison.

The hearing continues today.