A man serving a sentence for conspiracy to commit fraud by falsely pretending that a number of road accidents occurred has claimed before the High Court that he has been "singled out for special treatment" at Castlerea Prison.
He says this is because of an unfounded belief that he has an involvement with republican paramilitaries.
Michael Byrne has been given leave to seek an inquiry under Article 40 of the Constitution into the legality of his detention. His proceedings were yesterday adjourned until Monday.
In an affidavit, Byrne said that in October 2002 he was convicted of conspiracy to commit fraud by falsely pretending that a road accident had occurred at an M50 roundabout on December 5th, 1994. On November 22nd, 2002, he pleaded guilty to other charges.
They included falsely pretending that a traffic accident occurred at Carrick-on-Shannon on January 28th, 1996; attempting to obtain money by pretending a vehicle had been stolen in May 1996; and obtaining money by falsely pretending traffic accidents occurred at Knockmartin, Longford; Lisnamuck, Longford, and Drumsna, Co Leitrim.
The DPP sought a review at the Court of Criminal Appeal of the sentences imposed by the trial judge and in October 2003 they were varied to five years on each charge, each sentence to run concurrently.
On his transfer to Castlerea prison from Mountjoy, Byrne said he had expected that counselling would continue. A doctor at Castlerea had recommended counselling but none was received despite requests. He believed he was receiving different treatment to other prisoners over his requests for temporary release.
He asked a family member to approach a local TD to see if the Minister for Justice could inquire about him being allowed to visit his family for short periods of temporary release or have him moved to to Shelton Abbey, where his family could visit him.
His brother told him that Ms Mae Sexton TD had reported back that his requests would not be complied with. His brother told him that Ms Sexton said there was a letter "on file" from the Garda suggesting that Byrne had an involvement with active republicans, in particular the "Real IRA".