A remand prisoner with a very serious health condition has initiated a High Court challenge over what he claims is the ongoing interference with his medical treatment.
The young male prisoner, who cannot be named for legal reasons, claims the regime imposed on him at a facility where he is being treated amounts to a form of solitary confinement and is adversely affecting his health.
He has been remanded in custody at Cloverhill Prison in Dublin and is awaiting trial before the District Court for several offences, including theft of items including bottles of alcohol, a frying pan and gym equipment from shops, criminal damage and possession of a stolen phone.
He has not been granted bail because of his failure to appear before the courts on foot of those charges on multiple occasions.
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The prisoner, who has been described as very vulnerable, has a serious respiratory condition and was moved from the prison to a specialist medical facility.
Represented by Felix McEnroy (SC), instructed by solicitor Edward Bradbury, the man claims in his action that the governor of Cloverhill Anthony Harris has restricted the medical care plan put in place by those in charge of the prisoner’s treatment.
The prisoner, it is claimed, is not allowed to leave the room he is staying in, despite the fact his doctors say short walks outside, fresh air and exercise will help with the treatment of his condition.
In addition, the man who has a range of chronic health and social care problems, has limited contact with others from his room.
His lawyers claim that the current regime amounts to an unacceptable regime of “solitary confinement” which is “particularly harsh on an ill and vulnerable young adult”.
The court also heard that the man was assaulted and injured while in prison.
For security reasons, the prisoner’s current regime will continue, the prison authorities have said.
However, those treating the man believe the current regime is having an adverse effect on both his mental and physical health, it is claimed.
As a result, the man has brought High Court judicial review proceedings against Mr Harris, the Irish Prison Service, the Minister for Justice, Ireland and the Attorney General.
The man is seeking various orders and declarations from the court, including an order quashing the governor’s decision of December 11th to impose a regime restricting medical staff from allowing him periods of exercise outside.
He is also seeking various declarations including that the governor’s decision amounts to breaches of his constitutional rights and his rights under the European Convention on Human Rights.
Both the Health Service Executive and the Director of Public Prosecutions are notice parties.
The matter came before Mr Justice Liam Kennedy during a vacation hearing of the High Court.
The judge, on an ex-parte basis, granted the applicant permission to bring his judicial review proceedings.
He also granted the applicant permission to serve short notice of his application for an injunction, that would remain in place pending the outcome of the full hearing and that would allow him to leave his room and take short walks.
The matter will return before the court next week.
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