PRISONER JOHN Gilligan yesterday claimed mobile phones used to be permitted for some prisoners in jail until a clampdown came following a call to RTÉ.
The governor of Portlaoise Prison was cross-examined in court yesterday by Gilligan, who was representing himself in a case in which he is charged with breach of prison rules.
Gilligan (57), charged with possession of a mobile phone at his prison cell on July 30th, 2008, claimed prisoners had budgies, cockatoos, parrots, plasma screens and fridges in their cells prior to the searches.
Gilligan said it was a phone call to RTÉ's Livelinewhich prompted the Minister for Justice to order searches at Portlaoise Prison.
"I put it to you that when John Daly made that phone call to Joe Duffy on Liveline, the Minister for Justice sent word to have that cleaned out," Gilligan said to governor Edward Whelan.
The governor claimed he had only fully taken over the prison at the end of April 2007. The searches took place as part of the takeover and review in early May 2007, he said.
Gilligan alleged there are “two types of regime” at the prison: where some inmates had access to items, others might not. Prior to one search in February 2007, he claimed 16 prisoners who owned budgies on E Landing were permitted to purchase bird cages from the tuck shop, and hand the animals over to visitors.
“They were taken out one week before the search,” he said.
He further alleged the prison governor had permitted prisoners to use mobile phones. “I’ll put it to you that you gave every man in that prison permission to use a mobile phone,” Gilligan said.
The accusation was denied. “No prisoner is entitled to have a mobile phone in any part of the prison while they are serving a sentence,” the governor said.
Gilligan then accused the governor of lying, making deals with prisoners and inspecting his, Gilligan’s, legal mail. All accusations were denied.
State solicitor Donal Dunne accused Gilligan of engaging in a “fishing expedition” in a “slanderous sort of manner” in the hope of producing “anything”.
As he had been disciplined in prison following the search of his cell, Gilligan then claimed the criminal prosecution represented “double jeopardy” under the European human rights convention.
Judge Gerard Haughton said he would accept legal submissions on the matter at a later date.
Chief Supt Kevin O’Donohue told the court he had requested phone records from three mobile phone service providers in October 2009.
Evidence relating to the phone discovered in Gilligan’s cell was given by representatives of Vodafone, O2 and Meteor.
Texts and calls had been exchanged from the number and phones registered to three women and two men.
The registered owners had addresses in Ballymun, Ballyfermot, Lucan and Swords.
The phone evidence showed “a continuous stream of traffic in the phone at regular intervals on the day of the 29th”, according to Mr Dunne.
Judge Haughton adjourned the proceedings until March 11th.