O'Halloran v The Governor of Limerick Prison

• Jurisdiction: Ireland
• Judge: Mr. Justice Eagar
• Judgment Date: 10 May 2017
• Neutral Citation: [2017] IEHC 290
• Docket Number: [Record No. 2017/8 SSP]
• Court: High Court
• Date: 10 May 2017

IN THE MATTER OF AN APPLICATION PURSUANT TO ARTICLE 40.4.2 OF THE CONSTITUTION OF IRELAND AND IN THE MATTER OF AN APPLICATION FOR HABEAS CORPUS BY DARREN O'HALLORAN AT PRESENT IN CUSTODY OF LIMERICK PRISON

DARREN O'HALLORAN

APPLICANT

AND

THE GOVERNOR OF LIMERICK PRISON

RESPONDENT

[2017] IEHC 290

[Record No. 2017/8 SSP]

THE HIGH COURT

Constitution – Art. 40.4.2 of the Constitution – Legality of detention – R. 62 of Prison Rules – Appropriate remedy

Facts: The applicant sought an inquiry into the legality of his detention by way of the present application. The applicant argued that he was wrongfully subjected to r. 62 of the prison rules. The respondent submitted that the applicant read positive on the non linear junction device when the applicant was scanned, which gave rise to a reasonable belief that the applicant had a prohibited item on his person, which could pose a threat to the safety of the other inmates in the prison.

Mr. Justice Eagar refused the applicant's application. The Court held that the appropriate forum for the applicant was to file an application for judicial review as the management of the prison and the prisoner were not matters that could be argued by way of an application under art. 40 of the Constitution.

JUDGMENT of Mr. Justice Eagar delivered on the 10th day of May, 2017

1 This is a judgment on an application by the applicant Darren O'Halloran for an inquiry into his detention at Limerick prison. The Court directed an inquiry into his detention. The Court offered the applicant the opportunity of legal representation, which he declined, and he opted to present his case himself.

2 Counsel for the respondent provided the Court with the certificate of the applicant's detention, and also the affidavit of Mark Kennedy, Governor of Limerick Prison, Mulgrave Street, Limerick.

Applicant's Submissions

3 The applicant stated that he had been scanned, and put on a "boss chair". He stated that he told the prison officer he had "nothing on [him]". He argued that he had been wrongfully subject to rule 62 of the prison rules. As a result of this, he was placed in a cell on his own. He states that he repeatedly told the prison officers that he "genuinely had nothing on [him]". He states that he lied to the prison officers, in telling them that he had swallowed a razor blade. He did this so he could be brought to hospital, so that he could be x-rayed, in order to prove that he had nothing on his person. He states that the doctor in hospital told him that there was "nothing on him". He states that on returning to hospital, he was put back into a padded cell "for nothing".

Counsel for the Respondent's Submissions

4 Counsel for the respondent referred to the affidavit of Mark Kennedy, Governor of Limerick Prison. He contests the applicant's contention that the applicant was placed on Rule 62 for three weeks. He provides the dates that the applicant was placed on Rule 62. He states that the applicant...