Claims by a paraplegic prisoner serving a sentence in Mountjoy Prison about his treatment there have been rejected by the prison authorities. David Nicholls (30), of Grange Manor Avenue, Rathfarnham, Dublin, who is serving a sentence for drug-related offences, claims his detention is unlawful and unconstitutional and has applied to the High Court for his release.
He claims he is in unlawful custody in that he is discriminated against, and because the authorities have failed to guarantee his fundamental rights as a prisoner.
Nicholls became wheelchair-bound after being knocked off his motorcycle by a car in 1985 when he was 18. He received sizeable compensation for his injuries, but according to an affidavit he filed, after buying a suitably adapted house he spent the balance on h is heroin addiction.
He was taken to Mountjoy on May 25th after convictions under the Misuse of Drugs Act. The court heard there appeared to be confusion as to whether he was to serve eight or 20 months. Mr Aindreas O Caoimh SC, for Nicholls, said he was seeking orders directing the governor and Minister to provide full and easy access to washing facilities; regular review of Nicholls's medical dressing; suitable bedding; adequate painkillers; an early review of his medical conditions, and access to recreational and educational facilities.
In his affidavit, Nicholls said that since arriving in prison he was unable to take a shower; he was informed the shower was on a landing upstairs and there was no wheelchair access. The authorities were either unable or unwilling to carry him to the shower.
He had been provided with a basin of water, but this was not sufficient as he was obliged to wear a urinary bag. He was advised his inability to bathe properly would exacerbate the pressure sores he suffers from. He also complained of being unable to leave the building for fresh air.
In an affidavit, Mr Edward Whelan, Deputy Governor of Mountjoy, said many of the allegations made by Nicholls were tendentious. There was a bath with a shower in the immediate vicinity of his cell and a shower on an adjoining corridor.
The prisoner knew that and was aware that if he wished to have a bath or shower every day, he could do so.
There was no need for staff to convey him to the showers as he was in a position to convey himself there, but if he wished there was no difficulty in getting assistance.
Deputy Governor Whelan said Nicholls's pressure sores had been dressed almost on a daily basis. On one occasion he declined treatment, saying he had been advised to do so pending a court case. He was seen by prison doctors on 15 occasions and by a psychiatrist on July 1st. He had a flush toilet in his cell but had broken up the seat and cut his arm. He had refused treatment and said he would do worse as soon as he got a chance.
Nicholls was entitled to exercise every day for more than four hours but had not done so. He had refused to work in the fabric shop.
Deputy Governor Whelan said Nicholls was seen by the governor on 23 occasions between May 25th and July 11th. Nicholls was not drug-free and had admitted to another officer on June 26th that he had taken drugs in the prison. In a second affidavit, Nicholls said he was first introduced to a domestic bath on his wing on July 11th or 12th. He now availed of a bath every second day. On the few occasions he declined to have his wounds dressed it was due to his doubts about the standards of hygiene employed. The toilet seat in his cell broke when another inmate sat on it at recreation time.
The hearing continues today.