A DUBLIN man has been held in unlawful solitary confinement at Castlerea Prison for more than five months, a High Court judge said yesterday.
Mr Justice John Hedigan directed that Leroy Dumbrell (24) be detained in future in accordance with prison rules.
He told Iseult O’Malley, who appeared with John Berry for Dumbrell, that he would not make an order releasing him, but said that if his detention regime did not change, an application for his release could be made.
Mr Justice Hedigan said it was not acceptable that Dumbrell should have been or should be kept in solitary confinement for 23 hours of every day with only an hour’s exercise break from his cell.
The court heard that Dumbrell, Emmet Road, Inchicore, who is serving an eight-year jail term for assault, faced the possibility of solitary confinement for the remainder of his sentence, which did not end until 2012.
He had been transferred in February last to Castlerea Prison from Mountjoy Prison, where it was alleged he had been involved in riots. He had been held in solitary confinement since.
Mr Justice Hedigan said the State had come into court and put its hands up in admitting that Dumbrell had not been granted the privileges afforded under prison rules and the Constitution to every prisoner.
He had been detained by prison governor Martin Reilly “for the good order” and proper governance of the prison.
The court criticised Mr Reilly for having failed to reply to letters and phone calls made to him by Dumbrell’s solicitors regarding their client’s detention before his legal team had been forced to take court action.
Dumbrell, who was awarded costs against the State, was jailed in 2006 for assaulting Nigel Reid who was out walking his dog when attacked.
Mr Reid lost the sight of his left eye in the assault.
Dumbrell had 57 previous convictions and was on bail for another assault when he attacked Mr Reid, causing him serious harm and robbing his mobile phone on July 11th, 2004.