A wheelchair-bound prisoner who claims he is being subjected to "inhumane and degrading treatment" in Dublin's Mountjoy Jail, including having to crawl around his cell because his chair was taken from him, has applied to the High Court for his release.
Mr Justice Geoghegan yesterday gave leave to David Nicholls (30), with an address at Beech Grove, Booterstown, Dublin, a former drug addict who was stated to be drug free for the present, to bring a challenge on Tuesday next to the legality of his detention. Applying for leave, Mr Alan Toal, for Nicholls, said his client's continued detention was unlawful and unconstitutional.
Counsel said Nicholls is serving a sentence for contraventions of the Misuse of Drugs Act and provisions of the Road Traffic Act. He was convicted at Rathfarnham District Court. Following a Circuit Court appeal in May, there appeared to be confusion whether he was to serve eight or 20 months. In any event, and pending investigation by his solicitor, he was to be incarcerated for a minimum of eight months.
He had been wheelchair-bound since he was knocked off his motorcycle by a car in 1985, when he was 18 years old. Following the accident, he ultimately recovered a sizeable sum. A suitably adapted house was purchased on his behalf and he began to live there.
When he had more money at his disposal, and despite his handicap, he fell into bad company and was introduced to drugs, Mr Toal said. Prior to that, he had never taken drugs or been engaged in any form of illegal activities. He developed a serious addiction to heroin.
As a result of his addiction, he had spent "the entirety" of the balance of his funds and was left to rely on a disability allowance of approximately £60 a week.
In an affidavit, Nicholls said he was an inmate of the prison since May 25th last. He was unable to undertake the simplest of tasks such as having a shower. The shower was on an upstairs landing and there was no wheelchair access.
The prison authorities were not able or willing to carry him to the shower and as an alternative he had been provided with a basin of water on occasion. Following his accident, he had to wear a urinary bag.
A prison doctor had advised him he had two pressure sores on his hips. This was a characteristic of being wheelchair-bound. He was eventually treated at St Vincent's Hospital. A consultant was of the view that he should have surgery but on his return to prison, he was advised the necessary dressings were not available.
As he could not sleep, he requested to be placed in a padded cell but when transferred there he was told he could not have his wheelchair and was placed on the floor. During the day, he was obliged to stay on the landing and was not able to go to any other area.
Nicholls said that he was now obliged to crawl on the cell floor because his wheelchair had been taken from him. He was unable to exercise and had been refused appropriate medical treatment. He was unable to leave the building for fresh air and had also been refused a suitable mattress.