A Northern Ireland man, who was beaten up at Mountjoy Prison, has lost his claim for damages against the State.
Mr Justice Finnegan, in a reserved High Court judgment, held that the attack, by as many as 20 other prisoners, could not have been prevented. Judge Finnegan said the intervention of prison officers had saved Mr Robert Young (37) from serious physical injury.
He said Mr Young, of Coleraine, Co Derry, had in 1994 committed a burglary at Letterkenny, Co Donegal, with a Mr Giles Kirkpatrick.
When he arrived at Mountjoy Prison on remand, it was noted that Mr Kirkpatrick had tattoos on his arm of the red hand of Ulster and the Union flag. Because of this loyalist insignia, both men had been put under protection, which meant they were confined to cells for 23 hours a day. Mr Young, wanting to come off protection, had signed a document stating that he would not hold the authorities responsible if anything happened to them. They had then been attacked. Judge Finnegan said he was satisfied that all reasonable care had been taken for Mr Young's safety. Only after repeated requests had the men been allowed to come off protection.