Muldoon v Ireland

• Jurisdiction: Ireland
• Judgment Date: 01 January 1988
• Date: 01 January 1988
• Court: High Court

(H.C.)

Muldoon

and

Ireland

Duty of care -Whether duty of care owed to prisoner - Prisoner injured by another prisoner during recreation -Whether supervision of prisoners adequate -Whether prison authorities required to conduct searches of prisoners before recreation.

The plaintiff was serving a term of imprisonment in Arbour Hill Prison in 1985. In the course of a recreation period, he was attacked from behind by another prisoner. The plaintiff accepted in evidence that there were in the region of 40 to 50 prisoners in the recreation yard at the time, and that the attack was a sudden, unprovoked attack which it later transpired was a case of mistaken identity. The plaintiff was unable to see what instrument had been used in the attack on him, but he received 22 stitches to his neck in hospital for the wound which had been inflicted. The Chief Officer of Arbour Hill Prison, Mr. Scannell, gave evidence that prisoners are searched on admission to the prison, and offensive weapons are removed from them. In the course of serving their sentence, he stated that both their person and their cells are checked on a regular basis. In addition, prior to going to the prison workshops, and after they leave, all the implements are checked off against a list of items to ensure that nothing is taken to or from them, and the prisoners are also given a rub down check. He stated that prisoners are issued with razor blades for shaving. He also stated that prisoners are not searched prior to going to the recreation yard, and that while the authorities aim to have total security they could not ensure absolute and total security at all times. In relation to supervision, he stated there was no absolute ratio between prison officers and prisoners during recreation periods, but that there were 16 basic grade officers plus one assistant officer on duty on the date in question to supervise recreation. He stated that, in disciplinary proceedings subsequent to the incident in question, the prisoner who had inflicted the wounds on the plaintiff had made an admission to the governor that he had used a...