Practice at Cork Prison of putting new prisoners in isolation 'bordering on unconstitutional' - judge
A new practice of putting prisoners arriving in Cork Prison into isolation for 14 days has been described by a district judge as “bordering on unconstitutional”.
A number of prisoners due to come before Cork District Court via video link were unable to use the video room in the prison as they were described as being in isolation.
By the time the fifth such case was called, Judge Olann Kelleher queried why so many prisoners appeared to be in isolation.
Prison officers escorting other prisoners to court explained that since April 9, it has been a policy in Cork Prison to put new prisoners into isolation for the first 14 days of their time in prison.
Judge Kelleher said that something would need to be sorted out in respect of the court appearances. He said a remand prisoner could not be remanded in custody for longer than one week on a first remand. But he said it now appeared that with the policy of putting new prisoners into isolation for 14 days, they would not be able to appear in court after one week.
“That is bordering on unconstitutional,” he said.
He later said he could understand the thinking behind isolating new prisoners, but added: “They are entitled to be brought before the court within one week.”
He added: “I cannot over-rule the prison governor. There is the practical side if the prison governor says he [prisoner] is not to leave.
“A similar situation does arise if someone is sick and cannot be produced.”
In all there were about seven cases at Cork District Court where a prisoner due to appear by video link was unavailable to due to being in isolation.
Some of the solicitors in court said they had been unable to get through to their clients by way of the normal phone arrangements.
