A REMAND PRISONER with a very serious health condition has launched a High Court challenge over what he claims is the ongoing interference with his medical treatment.

The young male prisoner, who cannot be named for legal reasons, claims that the regime imposed on him at a facility where he is being treated amounts to a form of solitary confinement and is adversely affecting his health.

He has been remanded in custody at Cloverhill Prison in Dublin and is awaiting trial before the District Court for several offences, including theft of items including bottles of alcohol, a frying pan and gym equipment from shops, criminal damage and possession of stolen phone.

He has not been granted bail because of his failure to appear before the courts on foot of those charges on multiple occasions.

The prisoner, who has been described as a very vulnerable individual, has a serious respiratory condition and was moved from the prison to a specialist medical facility where he can get the expert care he needs.

Represented by Felix McEnroy SC, instructed by solicitor Edward Bradbury, the man claims in his action that the Governor of Cloverhill Mr Anthony Harris has restricted the medical care plan put in place by those in charge of the prisoner’s treatment.

The prisoner, it is claimed, is not allowed to leave the room he is staying in, despite the fact that his doctors say that short walks outside, fresh air and exercise will help with the treatment of his condition, such as helping to prevent blood clots.

In addition the man, who has a range of chronic health and social care problems, has limited contact with others from his room.

His lawyers claim that the current regime amounts to an unacceptable regime of “solitary confinement,” which is “particularly harsh on an ill and vulnerable young adult”.

There are also serious concerns for the man’s welfare, with the court also hearing that the man was assaulted and injured while in prison.

The man’s lawyers say that in response to their concerns about the man’s condition the prison authorities have said that following an extensive risk assessment it deems that the areas identified at the medical facility are not suitable.

For security reasons the prisoner’s current regime will continue, the prison authorities have said.

Those treating the man believe that the current regime is having an adverse effect on both the prisoner’s mental and physical health, it is claimed.

As a result the man has brought High Court judicial review proceedings against Mr Harris, the Irish Prison Service, the Minister for Justice, Ireland and the Attorney General.

In the action the man seeks various orders and declarations from the court including an order quashing the Governor’s decision of the 11th of December last to impose a regime restricting medical staff from allowing the man periods of exercise outside, where he can get some fresh air as part of his treatment plan.

He also seeks various declarations including that the Governor’s decision amounts to breaches of the man’s constitutional rights, and his rights under the European Convention on Human Rights.

Both the HSE and the DPP are notice parties to the action.

Counsel told the court that this was a serious matter, and that there are concerns for the man’s mental health.

Counsel added that it is hoped that in this unique set of circumstances that “common sense would prevail” and that the proceedings could be resolved quickly.

Counsel said that there is no basis in law for the man’s current detention , adding that the man’s medical treatment has been unlawfully undermined by the Governor’s decision to impose the regime of solitary confinement.

The matter came before Mr Justice Liam Kennedy during a vacation hearing of the High Court.

The judge, on an ex-parte basis, granted the applicant permission to bring his judicial review proceedings against the respondents.
The court also granted the applicant permission to serve short notice of his application for an injunction, that would remain in place pending the outcome of the full hearing, that would him to leave his room and take short walks in the fresh air.

The matter will return before the court next week.