Murder accused cannot attend mother’s funeral

A judge has refused a Dublin prisoner, who is co-accused with his sister of murdering a 63-year-old man, leave to challenge a decision of the prison authorities not to facilitate his attendance at his mother’s funeral today.

Ms Justice Isobel Kennedy heard the Prison Service had refused to provide Kenneth Cummins with a secure escort to attend his mother’s removal yesterday and her funeral tomorrow.

Giollaíosa Ó Lideadha SC told the court Mr Cummins’s fundamental rights had been denied by the prison authority as he was not being allowed to grieve and pay his last respects to his mother who died on Monday.

Mr Ó Lideadha said the reasons given by the Prison Service for their refusal were insufficient and irrational. He said Mr Cummins had the right to be treated with dignity.

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Counsel said the State had failed to vindicate Mr Cummins’s constitutional rights and he was now looking for an order of mandamus regarding the refusal.

The court heard that Cummins and his sister, Sabrina Cummins, both with an address at Ringsend Park, Dublin, are accused of the murder of Thomas Horan at his home in Cambridge Court, Ringsend, Dublin, in January last year.

Mr Horan was found dead in his apartment in a sheltered accommodation for senior citizens.

Mr Justice Anthony Hunt on Wednesday refused both parties bail to attend their mother’s removal or the funeral. Judge Hunt was told the prison authorities had agreed to provide a secure escort for Ms Cummins to attend a funeral home to visit her mother’s remains.

The two, in custody for more than a year, are due to be tried in October.

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