A PORTUGUESE man serving a life sentence for the murder of a young female trainee manager in Limerick’s Jurys Inn hotel has lost a Supreme Court bid to be transferred to a jail in his home country.
Paulo Nascimento (34), a former member of the Portuguese army, was given the mandatory life sentence in 2003 after he pleaded guilty to murdering Gráinne Dillon (24), of Glounthaune, Cork, at the hotel on January 5th, 2002. He shot Ms Dillon after robbing €3,000 from the hotel with a stolen gun.
The High Court had in 2007 rejected his challenge to the Minister for Justice’s refusal to transfer him to a Portuguese prison to serve his sentence nearer his family. He has no family or friends in Ireland and the provisions of the European Convention on Human Rights entitled him to transfer, it was argued.
Ms Justice Elizabeth Dunne found the Transfer of Sentenced Persons Acts 1995 to 2006 confers “discretion” on the Minister relating to the transfer of prisoners. While prisoners “may be transferred” under the provisions of the Acts, they did not have an automatic right to be transferred, she held.
Nascimento’s appeal against that decision was dismissed by a five judge Supreme Court comprising the Chief Justice Mr Justice John Murray, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly, Ms Justice Fidelma Macken and Mr Justice Joseph Finnegan.
The Chief Justice said the court accepted, in this case, the Minister had discretion to refuse the transfer request.