Former prisoner loses case against Wheatfield governor

A former prisoner has lost his High Court action for damages against the governor of Wheatfield Prison for serious injuries he sustained after a bucket of boiling water was thrown over him by another inmate while he was jailed there.

Today at the High Court Mr Justice Paul Gilligan reject claims made by Gary Breen (aged 31), that he was set up by the prison authorities and stated that in his view they were not negligent or in breach of duty by failing to prevent the attack on him.

Mr Breen of Hillview Grove, Ballinteer, Co Dublin, who, at the time of the water incident in January 1999, was serving a 12 months sentence for escaping from garda custody, had sued the Governor of Wheatfield Prison and the State claiming that they deliberately and consciously allowed

the inmate concerned to attack him.

The defendant had denied the claims.

Mr Breen suffered injuries to his back and upper body was hospitalised for a month and had to receive a number of skin grafts.

The inmate who attacked Mr Breen, who was a cousin of a man whose neck was slashed by Breen on a DART train in March 1998, received a four year jail sentence for his actions.

Breen had claimed that because of the incident on the DART he had informed the prison authorities that he was fearful of being attacked by the other inmate after being threatened by him.

Mr Breen had claimed that on the afternoon of January 16th 1999 he was informed by a prison officer, he was to be transferred to a different landing, and that the prison officer told him to "watch his back" because he was in for "a big surprise".

Mr Breen said he was watching television between 6.30 pm and 7 pm he was passed by the inmate whom he claimed had threatened who was carrying a bucket.

He said inmate poured a bucket of boiling water mixed with sugar and bleach over him from behind, he said. He was also struck with the bucket and fell to the ground.

He said he was kicked and punched by the prisoner for two to three minutes until the officers intervened.

He further claimed that prior to the incident he expressed concerns about his safety to the prison guards and senior staff at the prison, but that nothing was done about it.

He said that there was a previous incident when he grabbed a prison guards throat and threatened him after he claimed the guard removed photos from his cell.

In dismissing the action Mr Justice Gilligan said that he did not accept Mr Breen claims that he was set up. Those claims, which the judge described as sinister as having "no substance."