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Sunday 4 December 2016

Killer Nash 'fears for his life' from jeering prisoners

Courts

Mark Nash
Mark Nash

CONVICTED double murderer Mark Nash says his life is under threat from other prisoners in Mountjoy Jail in Dublin where he is on 23-hour lock-up, the High Court heard.

He is seeking orders permitting his transfer back to Arbour Hill prison where he had already served 15 years of a life sentence for the murder in 1997 of two people in Ballintober, Co Roscommon.

On April 20 last, Nash (42) was given another life sentence after he was found guilty of the separate murders of Sylvia Sheils (59) and Mary Callanan (61) at their sheltered housing in Grangegorman in Dublin, also in 1997. That is to run from the date of his sentencing last month.

granted

Mr Justice Michael Moriarty yesterday granted leave to Hugh Hartnett SC, for Nash, to challenge the refusal of the Irish Prison Service to transfer him back to Arbour Hill from Mountjoy.

Mr Hartnett said during his 15 years in Arbour Hill he had settled down and was leading a peaceful life and did not present any problems to authorities save for "some minor difficulties with drugs" in the prison.

He was allowed to work with access to tools such was the high degree of confidence authorities had in him.

He was out of his cell for seven-and-a-half hours a day in contrast to the regime he is now under in Mountjoy where he is in 23-hour lock-up, counsel said.

During the one hour he gets out of his cell, he is jeered by other prisoners whose cells overlook the exercise yard.

He is in fear for his life from other prisoners and is held in the medical section not because of any health problems but because of the risk posed to him from other inmates.

He has no access to work or study and is now very distressed and depressed.

He has now spent more than 15 days in lock-up which the European Court says should be the limit for solitary confinement because people suffer from psychosis and other forms of distress if held longer, counsel said.

Sentencing

While it is normal after sentencing to be lodged in Mountjoy, he had expected he would be sent back to Arbour Hill, counsel said.

Now however, it appears he is to be transferred to the Midlands Prison where he would be under the same threat from other inmates.

The action seeking his transfer back to Arbour Hill is against the chief executive of the prison service, the Minister for Justice, Ireland and the Attorney General with the governors of Mountjoy and Arbour Hill as notice parties.

Mr Justice Moriarty said the case could come back before the court next week.

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