PRISONER `CANNOT GET ON ADDICTION PROGRAMME'

The failure to implement further phases of the methadone maintenance
programme in Mountjoy Prison means a "chronic" heroin addict who wants
to tackle his addiction cannot get on the programme, the High Court was
told yesterday.

As a result the prisoner, Gerard Dunne (27), continues to inject himself
with heroin, which he can get in prison. "The reality is it is
impossible to avoid drugs in prison because they are available
throughout the prison system," he said.

The court was told only HIV-positive prisoners could avail of the
programme in Mountjoy. It was claimed that budget reasons may have
prevented expansion of the programme.

Yesterday Mr Martin Giblin SC, for Dunne, secured leave from Mr Justice
Finnegan to take judicial review proceedings seeking a declaration that
the Minister for Justice, Equality and Law Reform, the Governor of
Mountjoy and the State were obliged to provide facilities and medication
to meet Dunne's medical needs.

Dunne , formerly of Rafters Avenue, Crumlin, Dublin, is serving a life
sentence for murder and has been in Mountjoy since January 30th, 1999.

Before his imprisonment Dunne was taking part in a methadone maintenance
programme in the community.

When he was sent to Mountjoy, he applied to be put on the programme
there. This was divided into three phases but only phase 1 - for HIV
positive prisoners - was in place. Phases 2 and 3 have yet to be
implemented.

Mr Giblin said the situation was urgent. Dunne was injecting himself
with dirty needles and feared he might contract AIDS or other
conditions.

Counsel noted that the Minister of State for Tourism, Sport and
Recreation, Mr Eoin Ryan, who has responsibility for the drugs
programme, told the Dail last week that such programmes in the community
had proved so successful that 40 per cent of people using them were now
back at work.

In an affidavit, Dunne said that, on admission to Mountjoy, he was put
on the standard short-term detoxification programme. Over 14 days his
dosage of methadone maintenance was reduced to zero. This disregarded
the fact that he had been on permanent methadone maintenance. Dunne
said he was told he did not qualify for a permanent programme. He had
been given nerve tablets and sleeping tablets, and later Valium,
Dalmaine and Zanec but did not believe these were enough for his drug
dependency.

Mr Giblin said a doctor with the drug treatment centre said a meeting
had been arranged between the prison authorities and the Department of
Justice with the hope of expanding the programme in Mountjoy.

Mr Justice Finnegan said he would grant leave to Dunne to seek a
declaration that the Minister is obliged to provide appropriate
facilities and medication to meet his urgent medical needs. He returned
the matter to July 25th, but said in the interim an interlocutory order
could be applied for, directing that Dunne be put on the programme.