by Andrew Carey
A HIGH court judge has found that Limerick gang leader Wayne Dundon should have been allowed regular reviews of the strict conditions of his detention in Cloverhill Prison last year.
Despite the State’s contention that Dundon’s legal challenge to the terms of his detention was pointless, Ms Justice Iseult O’Malley adjourned the case to hear arguments as Dundon was an “ongoing” concern as he was serving a prison sentence.
Dundon, who has since been moved to another prison, had been sentenced to six years in prison for witness intimidation and was held in Cloverhill between April and September of last year.
While on remand and later following his conviction, Dundon claimed his constitutional rights were violated and that he was subjected to a punishment regime following his sentencing.
Justice O’Malley said that Dundon’s case represented “a real and ongoing interest” in the manner in which prison rules are applied to him due to the fact that he was still serving a sentence.
Segregation from the general population and other restrictions were in place for family visits.
Dundon made further claims that he had also been denied educational opportunities including classes in Arabic, Turkish and Spanish.
The Governor of Cloverhill Prison denied Dundon’s claims and said the conditions under which he was held were for his own protection and elements of his incarceration were necessary due to breaches of prison rules.
Records of assault while on remand and attempts to steal medication were also included in the Governor’s affidavit to the court.
He said that Dundon was a security risk both inside and outside the prison.
While the judge found that the Governor had discretion in the administration of the rules to maintain order, she added that neither side should use it as a sort of weapon to gain the upper hand.
The matter was adjourned to next month for both sides to make further legal submissions.
