Madden & Finucane
Ranked
Number 1
by Chambers,
the clients guide
to the legal profession
Chambers and Partners have been publishing their
world-famous guides to the legal profession since 1990. The key to the success
of their legal directories and the validity of their awards is the in-depth,
unbiased research conducted by their team of highly qualified and experienced
researchers. View more
Madden & Finucane
present
the Madden & Finucane
and Pat Finucane
Aisling Awards
The Aisling Bursaries, launched in March 2000, are
an educational initiative between Belfast Media Group and West Belfast
Partnership. The Aisling Bursaries are designed to help students defray their
education and training costs.
View
more
|
|
Murderer wins his appeal over solitary confinement
04 March 2009 --
A convicted murderer has won an appeal against being put in solitary confinement
for an attack on a sex offender held in the same jail.
Darren Hart, who is serving a life sentence for stabbing a teenager to death in
Newry, Co Down, was challenging a decision to detain him in the Special
Supervision Unit at Maghaberry Prison.
Hart (23) was segregated after a governor was told he had been a ringleader in
the serious assault in November 2007.
The killer’s application for a judicial review of this and other decisions was
previously dismissed in the High Court.
But three judges sitting in the Court of Appeal yesterday backed his case that
it was wrong to confine him for the attack under a section of the Prison and
Young Offenders Centre Rules (Northern Ireland) Order 1995 which permits the
separation of a prisoner who is to be charged with an offence against
discipline.
“We must allow the appeal to the extent of declaring that the decision
purporting to have been made under Rule 35 (4) to keep the appellant separate
from other prisoners was bad in law,” Lord Justice Girvan said.
Hart was jailed for stabbing 18-year-old Brendan McCabe, pictured, in front of
the victim’s mother at Canal Street, Newry in February 2002. At the time of the
murder he was aged 16.
Both teenagers were from the Mourneview Park estate in the city.
Hart’s legal team argued that the rule allowing the governor to order his
confinement for the assault only comes into play, pending adjudication, when it
has been decided that charges are to be brought.
Judges were told there was no evidence to suggest that Hart was ever going to be
charged with an offence against prison discipline in connection with the assault
on the sex offender.
They decided to allow his appeal only to the extent that there was no power to
separate him from other prisoners under Rule 35(4).
Hart did not challenge other aspects of the High Court judgment which upheld an
adjudication decision where he was found guilty of attacking another prisoner a
day earlier and given seven days cellular confinement.
With costs also awarded against the Prison Service, Hart’s solicitor, Fearghal
Shiels of Madden and Finucane, claimed the case had important implications for
prison governors.
“Rule 35(4) of the prison rules provides for the detention of prisoners pending
an adjudication,” Mr Shiels said.
“There was no evidence to suggest that our client was ever going to be charged
with an offence against prison discipline.
“This decision has important implications for the manner in which prison
governors, to date, have been effectively able to penalise prisoners in
circumstances not expressly provided for by the prison rules.”
|
|
more..
|
|
|