Laois jail inmate and convicted rapist fails in court challenge to prison discipline

Convicted rapist Michael Murray has lost his High Court challenge against a disciplinary sanction imposed on him by the prison authorities. 

The sanction, which involves the removal of ordinary privileges for a period of 40 days, was imposed on Murray, who was incarcerated at the Midlands Prison, for throwing a bible at a Judge during a sentencing hearing at the Court of Criminal Justice in late July 2021.

At that hearing Murray was given a 16-year prison sentence for making threats to the barristers who had prosecuted him, and for harassing others involved in his trial, including his victim.

In his judgement dismissing Murray's action against the Govenor of the Midlands Prison Mr Justice Charles Meenan said that the Govenor was "lawfully entitled" to discipline and sanction Murray in the manner which he did.

Murray, 51, formerly of Seafield Road, Killiney in Co Dublin, was being sentenced in July 2021 after he was earlier found guilty by a jury at the Circuit Criminal Court of threatening to kill barristers Dominic McGinn SC and Tony McGillicuddy SC.

He was also convicted of harassing Mr McGinn, along with his victim and his own former solicitor, by advertising them online as prostitutes.

He had denied the charges.

Murray was excluded from his July 2021 sentence hearing, and moved to another courtroom, after he threw a bible, narrowly missing Judge Karen O'Connor.

Murray was convicted in 2013 of the rape and sexual assault of a woman whose child he abducted. Murray made the threats to the parties on dates between late 2014 and early 2015, while he was serving a 19-year sentence for rape.

Arising out of his alleged behaviour at the sentencing hearing a complaint about his conduct was made to the Governor of the Midlands Prison by prison officers who had attended court. 

Following a disciplinary process Murray received a sanction, from the Governor of the Midlands Prison of a loss of ordinary privileges within the prison including restrictions on his recreation time, limiting visits and phone calls to one per week for a period of 40 days.

Murray's internal appeal against the sanction to the Operations Directorate of the Prison Service was dismissed. 

In his High Court action against the Governor, where the Irish Prison Service, Minister for Justice & Equality, Ireland and the Attorney General Murray, were notice parties Murray claimed that the Governor was not entitled to impose such a sanction on him, which came into force in early August 2021.

He claimed that the sanction cannot be imposed as the alleged misconduct was committed while he was in the custody of the court, and not of the prison authorities.

The prison authorities lack the power to impose a sanction on a prisoner for any breach of the 2007 Prison Rules Act or discipline when that person is in the custody of the court, he alleged.

Any such breach could only be dealt with by the presiding judge by way of a finding of contempt of court, it was further claimed.

The sanction Murray received could not be justified and was unreasonable and not in accordance with law, he claimed.

The Governor rejected the claims and argued that the case should be dismissed.

In his judgement Mr Justice Meenan said that the at the relevant time Murray was in lawful custody outside of the prison and came within the legal definition of a prisoner within the 2007 rules.

Even though he was not absent from prison or being brought to and from a prison or court, Murray was still in lawful custody when he threw the bible at Judge O'Connor, Mr Justice Meenan said.

Arising out of the incident, and when applying the prison rules, the Governor was lawfully entitled to discipline Murray, who the Judge added, was liable to the sanction imposed.

Even though Murray was liable for sanction for being in contempt of court after he threw the bible at the Circuit Court judge, this did not preclude disciplinary sanctions under the 2007 rules being applied to him, Mr Justice Meenan added. 

The case will return before the court for final orders later this month.