Prisoner’s €5k award overturned on appeal

A MAN who assaulted an elderly woman in her home, and then went on a 50-day hunger strike in prison over his conditions, has had a €5,000 award of damages overturned by the Court of Appeal.

The man, who cannot be named, had won the compensation from the High Court last year, but the award was challenged by the prison governor.

Setting out the background to the case, Judge Séamus Noonan noted that the man was a member of the Travelling community, who had spent most of his adult life in prison. He was sent to the prison in December 2011 following a conviction and sentence for burglary and assault on an elderly woman in her home.

He was sentenced to nine years

Expressed fears for his safety

but this was increased to 12 years by the Court of Appeal.

The judge said the man had expressed fears for his safety from other prisoners, and requested an isolation regime. For several years he was allowed to exercise in a yard in the company of members of staff. He was eventually moved to another yard which was overlooked by other prisoners who threw liquid at him that he believed to be urine.

He stopped exercising and remained in his cell at all times.

His meals also began to be served by other prisoners, rather than prison staff, and he said he was fearful that other inmates would seek to contaminate his food. He began to refuse food in February 2015.

Judge Noonan said the High Court had been very critical of the way the prisoner had been dealt with, but he ruled that there could be no liability for damages. He upheld the appeal.