Teen’s killer challenges 23-hour prison lock-up regime

The man serving a life sentence for murdering teenager Melanie McCarthy McNamara has brought a High Court challenge against the 23-hour per day lock up regime he is subjected to at Wheatfield Prison.

The action has been brought by Daniel McDonnell, aged 20, who the prison authorities claim is being kept apart from the rest of the prison population for his own safety.

However, McDonnell’s lawyers have argued before the High Court that the decision to effectively keep him in his cell at Dublin’s Wheatfield Prison, where he has been incarcerated since February 2014, for 23 hours a day is disproportionate.

They claims the regime is a violation of his rights.

In January 2014, McDonnell, from Brookview Lawns, Tallaght, was found guilty of murdering Ms McCarthy McNamara, aged 16, by a jury at the Central Criminal Court.

The teenager was killed in a drive-by shooting in Tallaght in February 2012 as she sat in a car with two other people .

Following the verdic,t Mr Justice Paul Carney imposed the mandatory life sentence on McDonnell, who had denied the charge.

In his proceedings before the High Court, McDonnell’s legal representative, Bernard Condon SC, said his client is subject to a 23-hour lock-up, with only one hour outside his cell to do chores and exercise in the afternoons.

McDonnell asked the prison authorities on several occasions to be allowed mix with other prisoners. However, his requests were refused.

He now spends 23-hours a day in his 12ft by 8ft single cell. He also claims he has been denied access to structured activities, such as education and training, within the prison.

McDonnell wishes to participate in such activities. He has some limited access to education, but only in the form of half-hour one-to-one sessions with a tutor.

As a result, it is claimed that McDonnell is finding it difficult to cope and his health has suffered.

In his action, McDonnell is seeking various orders and declarations including a declaration from the court that his constitutional rights to bodily integrity, and rights under the European Convention of Human Rights have been breached.

He also seeks a declaration that the decision to keep him locked up for 23 hours a day, under Rule 63 of the 2007 Prison Rules, is disproportionate.

Opposing the application, counsel for the governor of Wheatfield Prison, Seamus Woulfe SC, said McDonnell has fallen out with prisoners he used to associate with. As a result, he has been kept isolated from the other prisoners due to a significant threat to his safety. It was proposed to allow McDonnell attend the gym three days a week counsel said.

Following the conclusion of submissions from both sides Mr Justice Brian Cregan reserved judgment. The judge said he would give his decision early next week.

McDonnell was not present in court for the hearing.