Convicted rapist Michael Murray has brought a High Court challenge against sanctions he received from the prison authorities for allegedly making a threatening phone call stating there was a bomb at the home of the Taoiseach Simon Harris.
The High Court heard that Murray rejects a finding that he breached the prison rules by making a threatening phone call on June 26th last from the Midland’s Prison, where he is currently incarcerated. It is claimed that the threat was made by Murray in a call to the Samaritans.
Arising out of the allegation, Murray was made the subject of disciplinary procedure which was heard by the Midlands Prison Governor.
The Governor found that the prisoner had engaged in misconduct by misusing the prison’s phone system.
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After finding that such behaviour contravenes the 2007 Prison Rules, the Governor imposed a sanction of 40 days loss of ordinary privileges within the prison and 12 days remission from Murray’s sentence.
Both the Governor’s finding and the sanctions imposed were upheld on an appeal to the Irish Prison Operations Directorate.
Through his lawyers Murray has brought High Court judicial review proceedings where he claims the sanctions are unlawful and should be set aside. He claims that after he denied the claim against him, he was not given a proper opportunity to respond to the allegation.
He claims that during the disciplinary hearing he asked for to be provided with the information supporting the allegation against him. He says that his request was refused on the grounds that the material was “confidential.” He further claims that he was not informed about the nature of the evidence used against him.
In his High Court action against the Governor of the Midlands Prison, where he is represented by Niall Storan BL, instructed by John Shanley Solicitors, Murray seeks various orders and declarations including an order quashing the decision against him and sanctions imposed.
He also seeks a declaration from the court that the disciplining of a prisoner under the 2007 rules for misconduct is subject to the principals of natural justice and fair procedures.
The Irish Prison Service, The Minister for Justice & Equality, Ireland and the Attorney General are notice parties to the judicial review proceedings.
The matter came before Mr Justice Tony O’Connor during Friday’s High Court vacation sitting. The judge said that he was prepared to grant Murray permission, on an ex parte basis, to bring his challenge.
The judge said he was also prepared to grant the applicant a stay on the sanctions from being implemented until his action has been determined by the court.
The case was adjourned and will come before the court after the new legal term commences in October.
Murray (53), formerly of Seafield Road, Killiney, Co Dublin, is currently serving a lengthy prison sentence at the prison. In 2013, he was jailed for 19 years for the rape of a woman whose child he abducted.
In 2021, he was convicted, and jailed for a further 16 years, on charges including threatening to kill and harassing lawyers who had prosecuted him.
Earlier this year Murray was given an additional two years in prison for phoning in a false bomb threat against the Minister for Justice Helen McEntee. Murray, who had denied the charges against him, is not expected to be released from prison until 2037.
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