PARAPLEGIC LOSES DISCRIMINATION CASE

A paraplegic prisoner who complained his detention in Mountjoy Jail on
drugs charges was unlawful and unconstitutional lost his High Court case
for release yesterday.

Mr Justice Shanley refused to free David Nicholls, who had claimed he was
discriminated against compared with other citizens, particularly prisoners.
But the judge sought and secured undertakings from the prison authorities
regarding medical matters relating to the inmate. In refusing the release
application, the judge said he found the evidence of Mountjoy Deputy
Governor, Mr Edward Whelan, about the conditions in which Nicholls was held
more reliable than Nicholls's. He did not believe the conditions under
which the prisoner was held posed a danger to his health. The judge was
satisfied the prison authorities would provide appropriate medical
attention for Nicholls. He was concerned that the prison authorities should
monitor his health and asked Mr Whelan for an undertaking on medical
matters.

Counsel gave undertakings on behalf of Mr Whelan that the prison
authorities would provide facilities for daily showers and exercise for
Nicholls and would make an appointment for him with the prison surgeon, Dr
Thomas O'Regan, within 30 days. Dr O'Regan will be informed of Nicholls's
drug status.

The deputy governor also promised Nicholls would be facilitated regarding
any date fixed for surgery relating to pressure sores he suffers from.
Should Nicholls choose to see Dr Xavier Keane of the Rehabilitation
Institute for kinetic therapy about his pressure sores, the prison
authorities would co-operate.

Both sides were given liberty to apply and the judge made no order for costs.

In his proceedings against the Minister for Justice and the Governor,
Nicholls (30), of Grange Manor Avenue, Rathfarnham, Dublin, claimed his
detention was unlawful and unconstitutional. He sought his release and
various orders.

Nicholls became wheelchair bound when knocked off his motorcycle by a car
in 1985 when aged 18. He was compensated for his injuries but after a
suitably adapted house was bought on his behalf, he spent "the entirety of
the balance" on his heroin addiction.

He was admitted to Mountjoy on May 25th after convictions for
contraventions of the Misuse of Drugs Act. The court heard there was some
confusion about whether he was to serve eight or 20 months for these
offences.

He had sought orders directing the governor and Minister to provide full
and easy access to basic washing facilities; regular review of his medical
dressing by suitably qualified staff; suitable bedding; adequate
pain-killers as prescribed by medical doctors; an early review of his
medical conditions and access to recreational and educational facilities.

In an affidavit, Nicholls, claimed he had inadequate shower and washing
facilities and could not leave the jail for fresh air. He was advised his
inability to bathe properly would worsen the pressure sores.

In an affidavit, Mr Whelan said many of Nicholls's allegations were
tendentious. He said Nicholls's pressure sores had been dressed almost each
day since his arrival in Mountjoy and he had been seen by prison doctors on
15 occasions and by a psychiatrist on July 1st. Nicholls was entitled to
exercise every day for more than four hours but had not done so, Mr Whelan
said. He also said Nicholls was not drug free.

In a second affidavit, Nicholls said he was first introduced to a domestic
bath on his wing on July 11th or 12th and now bathed every second day.
Outdoor exercise was available to him but this area was occupied by
prisoners from another wing.

Checked-by: (Joel W. Johnson)