Murder accused fears for safety after prison transfer, court told

A man who denies murdering Gareth Hutch as part of the ongoing Kinahan-Hutch feud has brought a High Court challenge over his transfer from Mountjoy Prison to the Midlands Prison in Portlaoise.

Jonathan Keogh (32) has taken the case against the governor of the Midlands Prison over the transfer on March 9th last.

Mr Keogh is on remand awaiting trial before the non-jury Special Criminal Court in May.

He claimed he had not been given any reason for his transfer and feared for his safety in Portlaoise, the High Court heard on Monday.

He claimed the transfer has caused him difficulties including he had received no visits since his move from Mountjoy and in relation to seeing his counsel and solicitor in advance of his trial.

On March 22nd, he was informed by the prison authorities that he was being removed from structured activity within the prison and was not allowed to associate with other prisoners.

Structured activities

No reason, other than the decision was by the governor to ensure the good order and security in the prison, was given to Mr Keogh, the court heard.

As well as seeking details about the reasons for his transfer, Mr Keogh has also sought the basis for his removal from structured activities. He said he had not received any response to his questions.

He claimed the decisions breach fair procedures and his rights under the Constitution and European Convention on Human Rights.

Mr Keogh, with an address at Sean McDermott Street in Dublin, seeks orders quashing the decisions to transfer him and remove him from structured activities.

He also seeks orders compelling the governor to give reasons for the decisions and declarations the prison regime he is subject to breaches his rights to fair procedures.

Trusted prisoner

In a sworn statement, Mr Keogh said he was an enhanced or trusted prisoner in Mountjoy, and was not aware of any concerns for his safety there.

Following his transfer, he engaged in a dirty protest for 24 hours before abandoning it in favour of a hunger strike which he maintained for six days.

Permission to bring the challenge was granted, on an ex parte basis (one side only represented), by Mr Justice Seamus Noonan who returned it to later this week.