A paraplegic prisoner who complained his detention in Mountjoy Jail on drugs charges was unlawful and unconstitutional lost his High Court case for release yesterday.
Mr Justice Shanley refused to free David Nicholls, who had claimed he was discriminated against compared with other citizens, particularly prisoners. But the judge sought and secured undertakings from the prison authorities regarding medical matters relating to the inmate.
In refusing the release application, the judge said he found the evidence of Mountjoy Deputy Governor, Mr Edward Whelan, about the conditions in which Nicholls was held more reliable than Nicholls's. He did not believe the conditions under which the prisoner was held posed a danger to his health. The judge was satisfied the prison authorities would provide appropriate medical attention for Nicholls. He was concerned that the prison authorities should monitor his health and asked Mr Whelan for an undertaking on medical matters.
Counsel gave undertakings on behalf of Mr Whelan that the prison authorities would provide facilities for daily showers and exercise for Nicholls and would make an appointment for him with the prison surgeon, Dr Thomas O'Regan, within 30 days. Dr O'Regan will be informed of Nicholls's drug status.
The deputy governor also promised Nicholls would be facilitated regarding any date fixed for surgery relating to pressure sores he suffers from. Should Nicholls choose to see Dr Xavier Keane of the Rehabilitation Institute for kinetic therapy about his pressure sores, the prison authorities would co-operate.
Both sides were given liberty to apply and the judge made no order for costs.
In his proceedings against the Minister for Justice and the Governor, Nicholls (30), of Grange Manor Avenue, Rathfarnham, Dublin, claimed his detention was unlawful and unconstitutional. He sought his release and various orders.
Nicholls became wheelchair-bound when knocked off his motorcycle by a car in 1985 when aged 18. He was compensated for his injuries but after a suitably adapted house was bought on his behalf, he spent "the entirety of the balance" on his heroin addiction.
He was admitted to Mountjoy on May 25th after convictions for contraventions of the Misuse of Drugs Act. The court heard there was some confusion about whether he was to serve eight or 20 months for these offences.
He had sought orders directing the governor and Minister to provide full and easy access to basic washing facilities; regular review of his medical dressing by suitably qualified staff; suitable bedding; adequate pain-killers as prescribed by medical doctors; an early review of his medical conditions and access to recreational and educational facilities.
In an affidavit, Nicholls, claimed he had inadequate shower and washing facilities and could not leave the jail for fresh air. He was advised his inability to bathe properly would worsen the pressure sores.
In an affidavit, Mr Whelan said many of Nicholls's allegations were tendentious. He said Nicholls's pressure sores had been dressed almost each day since his arrival in Mountjoy and he had been seen by prison doctors on 15 occasions and by a psychiatrist on July 1st. Nicholls was entitled to exercise every day for more than four hours but had not done so, Mr Whelan said. He also said Nicholls was not drug free.
In a second affidavit, Nicholls said he was first introduced to a domestic bath on his wing on July 11th or 12th and now bathed every second day. Outdoor exercise was available to him but this area was occupied by prisoners from another wing.