Madden & Finucane
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Legal Challenge
05 August 2003 --
A High Court judge ruled today in favour of a republican prisoner on protest in
HMP Maghaberry. Mr Justice Shiel granted leave to Stiofan O Dalaigh to apply for
judicial review against various decisions of the Governor of HMP Maghaberry
refusing him access to his legal representatives, Madden & Finucane.
On four occasions since the protest began, prison officials have given different
reasons for preventing access to Mr O Dalaigh's solicitor. On the first occasion
Mr O Dalaigh had refused to take a shower after prison officers told him that
his safety from Loyalists could not be guaranteed in the ablutions area. On
further occasions Mr O Dalaigh refused to comply to a prison service procedure
adopted which stated that he must clean his cell and take a shower before being
allowed a legal visit and on two of the occasions, the prison service simply
failed to advise Mr O Dalaigh that his solicitor was in the prison.
The legal challenge argues that the Prison have no legal power to interfere with
legal visits in this manner. The Prison Service have sought to argue that the
present circumstances 'supersede and negate' the Prison Rules, which are
designed to protect the rights of prisoners.
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