A man with psychiatric problems in Mountjoy Prison is a sick man entitled to fresh air, Mr Justice Kinlen said in the High Court yesterday.
The judge said he thought address, worked in the jail's computer shop during the fresh air recreation periods did not cancel out his right as a sick man to fresh air, he said.
Carr had asked the court to inquire into the legality of his detention but yesterday the court was told the matter had been resolved. Mr Fergal Altman, for Carr, who is serving a sentence for attempted robbery, said his client arrived in prison with known physical and psychological problems.
Mr Altman said Carr was refused fresh air because he had been working in the computer section five of the seven days of the week. At weekends he had restricted access to the football fields even though he did not play football.
Mr Altman claimed that as Carr was under "special discipline" he should have had a daily doctor's visit but had not. Carr had been moved to another part of the prison and was now able to get fresh air and he seemed satisfied.
Mountjoy's assistant governor, Ms Catherine Comerford, said Carr was first in a section for prisoners with medical, psychological and psychiatric problems. They were given extra close observation.
Ms Comerford said she had arranged for Carr's transfer to a section where he could avail of outdoor recreation. Moving Carr meant reducing his supervision and the authorities would be concerned if they could not see him in a crowd as he had a history of self-mutilation. She told Mr Justice Kinlen there were 740 prisoners in Mountjoy which was built to accommodate 550.
In evidence, Carr said he had tried to go "through channels" but people were not listening to him. He had asked if he could get out at night for fresh air. He was trying to stay off drugs. He had been on tablets when in Wheatfield but had got none since he returned to Mountjoy Prison.
The judge said it was a "little incredible" to suggest that people known to require psychiatric care should be in charge of deciding whether they needed fresh air. The excuse that the prisoner wanted to work did not exonerate the authorities from seeing that prison rules were complied with.