Wheelchair users can not go to prison

dbnavan

I know this is an old story but I only discovered this today from talking to a friend. Because mountjoy prison is not wheelchair Accessible and does not have pervision for personal assistants, it is not in a position to detain wheelchair bound prisoners.

lostexpectation

dbnavan wrote:

I know this is an old story but I only discovered this today from talking to a friend. Because mountjoy prison is not wheelchair Accessible and does not have pervision for personal assistants, it is not in a position to detain wheelchair bound prisoners.

what disgrace lets march on the joy! :P

aren't there other prisons?

dbnavan

lostexpectation wrote:

what disgrace lets march on the joy! :P

aren't there other prisons?

None accessible

KTRIC

Thats discraceful, what if someone in a wheelchair commits a crime ??

The alternative would be to take the chair from them or put them under house arrest.

lostexpectation

well what if somone commits a really serious crime, they would be expected to prison time no matter what, Mountjoy will be gone eventually, I wonder if wheelchairs etc we be designed into thorton hall

dbnavan

Found this but cant find the final judgement

Source http://www.unison.ie/irish_independent/stories.php3?ca=9&si=606127&issue_id=6086

A PARAPLEGIC prisoner, being held in Mountjoy Prison on drugs offences, yesterday went to the High Court to seek his release on the basis that his detention is unlawful and contrary to Article 40 of the Constitution.
David Nicholls (30), of Grange Manor Avenue, Rathfarnham, Dublin, is also seeking a number of orders against both the Governor of Mountjoy and the Minister for Justice.
He says he is not being detained in lawful custody in that he is being discriminated against compared with other citizens and, in particular, other prisoners and because the authorities have failed to guarantee his fundamental rights as a prisoner as guaranteed by Articles 2 and 3 of the European Convention on Human Rights.
Nicholls became wheelchair-bound when knocked off his motorcycle by a car in 1985 when aged 18. Later he received sizeable compensation but, according to an affidavit filed by him, after a suitably adapted house was purchased on his behalf, he spent "the entirety of the balance" on his heroin addiction.
The applicant was admitted to Mountjoy on May 25 after convictions for contraventions of the Misuse of Drugs Act. There appeared to be some confusion as to whether he was to serve eight or 20 months for these offences.
Yesterday his counsel, Mr. Aindrias O´ Caoimh SC with Alan Toal BL (instructed by Gerry Murphy and Co, Bray, Co. Wicklow) said he was seeking orders directing both the Governor and Minister to provide full and easy access to basic washing facilities; regular review of Nicholls' 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 opened to the Court, Nicholls said since arriving in prison he was unable to take a shower since there was no wheelchair access. The prison authorities were either unable or unwilling to carry him to this shower.
As an alternative he had been provided with a basin of water to carry out his bodily ablutions. This was not sufficient in view of the fact that he was obliged to wear a urinary bag.
Edward Whelan, Deputy Governor of Mountjoy, in an affidavit, said many of the allegations made by Nicholls were tendentious. There was a bath complete with a shower facility in the surgery in the immediate vicinity of the plaintiff's cell and on the same level as his accommodation. There was also a shower facility on an adjoining corridor on the same level.
Deputy Governor Whelan said Nicholls' pressure sores had been dressed almost on a daily basis since his arrival in Mountjoy. On one occasion he declined treatment saying his legal advisor advised him to do so pending a Court case. He was seen by one of the prison doctors on 15 occasions and was seen by a psychiatrist on July 1. The applicant had a flush toilet in his cell but had broken up the seat and cut his arm. He had refused testament for this, he had been informed, saying he would do worse as soon as he got a chance.
The prisoner was entitled to exercise every day for more than four hours. There was no reason for him not to avail of this but he had not done so. He had also refused to work in the prison fabric shop.
Nicholls, he said, was seen on 23 occasions between May 25 and July 11 by the Governor.
Mr Whelan said the applicant was not drug-free, admitting to another officer on June 26 that he had taken drugs in the prison.
Nicholls, in a second affidavit, said he was first introduced to a bath on his wing and four doors from his cell on July 11 or 12. He now availed of a bath every second day. At no stage did he decline to have his wounds dressed on the basis of legal advice; on the few occasions he did so, it was due to hygiene doubts.
On no occasion did he tell Deputy Governor Whelan he had not had a shower for five weeks because he "just did not want one". The toilet seat broke due to another inmate sitting on it.
He was aware outdoor exercise was available but this area was occupied by prisoners he did not associate with. The fabric shop did not interest him as much as computer work.
The hearing continues today.

FranknFurter

Yep. this old chestnut pops up again from time to time.
The funniest part of the whole thing, is that the most wheelchair accessible jail in the country is Kilmainham Gaol where wheelchairs can access all groundfloor cells and there is a lift to the higher levels!
I went around the place recently, and my chair is a huge big modded electric monster, (Ive never seen bigger IRL), and It was more accessible than most pubs!!

b

Gillo

Does Dundrum not house the criminally insane? appologies I don't know the correct term, surely he could be housed there.

Yes, I know he is not diagnoised with a mental disorder before anyone starts rantign and raving, but surely the hospital would be wheelchair accessible.

dbnavan

gillo wrote:

Does Dundrum not house the criminally insane? appologies I don't know the correct term, surely he could be housed there.

Yes, I know he is not diagnoised with a mental disorder before anyone starts rantign and raving, but surely the hospital would be wheelchair accessible.

Dont know enough to contradict you but I dont think a mental asylum would have the capicity do deal with phyiscally disabled patients, completely different care required.