Prisoner takes action for sanction over alleged phone possession

A prisoner at Wheatfields prison is to challenge the decision to cut 14 days off his remission after a mobile phone was found in his cell.

Wayne Wallace, who the High Court was told is serving a seven-year sentence at Wheatfields prison, was yesterday granted leave to seek judicial review a decision taken by the prison Governor in June of this year to cut 14 days off his period of remission and to remove all prison privileges for 28 days after the mobile phone was found in his cell.

In his action Wallace, who is due for release in June 2009, is seeking to have the decision to impose those penalties on the grounds that they are a breach of his constitutional rights.

Today, lawyers acting on Wallace's behalf told the court that the Prison Governor imposed the sanctions on June 24 last, 24 hours after a mobile phone was found in Wallace's one person cell.

The phone was discovered by prison officers as a result of a search of the cell.

Wallace, who denies owning the phone, accepts that while the phone was discovered in his cell, the cell is accessible at certain times during the day.

Wallace further claimed that he was not aware that any forensic analysis or finger printing of the phone was carried out.

He also argued that evidence about the complaint was given to the governor in Wallace's absence and that the Governor had prejudged the matter.

He claims that the Governor told him that the phone was "found in your cell and that's it".

It was further claimed that when Wallace indicated that he wished to fully contest the accusation made against him he was informed that he was not entitled to have his solicitor present.

Leave was granted by Mr Justice Michael Peart, who made the matter returnable to a date later this month.