Judicial review dismissed for lack of evidence regarding serious dental care needs in prison.
Ireland (IE)
Legislator summary
AI generatedThe High Court dismissed the applicant's judicial review application for an order of mandamus against the prison governor. The applicant claimed he required urgent dental treatment but provided no supporting evidence, affidavits, or records of internal appeals. The court ruled that without factual substantiation or proof of serious pain, the application could not be seriously considered.
Legislator headnote
AI generateds. 30 of the Courts Act 1924; s. 1 of the Judicial Review Act 2011: A claim for mandamus based on alleged neglect of prison medical care fails where the applicant fails to provide any evidence of the alleged neglect or the seriousness of the condition.
Keywords
AI generatedCited Legislation
AI generatedFull text
Neutral Citation Number: [2011] IEHC 246
THE HIGH COURT
JUDICIAL REVIEW
2011 243 JR
BETWEEN
STEPHEN MAHER
APPLICANT
AND
GOVERNOR OF CASTLEREAGH PRISON
RESPONDENT
JUDGMENT of Mr. Justice Ryan delivered the 7th April 2011
1. The applicant has filled in a “Statement Required to Ground Application for Judicial Review by a Personal Applicant” giving his name,
his place of detention, his home address and the fact that he is seeking an order of mandamus on the grounds that he is not receiving
proper dental care which he badly needs and is in serious pain and at risk of losing his teeth. He has sent no other information or
documentation.
2. There is no evidence, whether by affidavit or otherwise as to the facts and circumstances or as to the efforts that the applicant
has made to secure dental treatment and whether he has received any treatment up to now. Neither is there any evidence about the
applicant’s use of the internal prison system including applying to the visiting committee. There is simply no background information of
any kind.
3. In the circumstances there is no basis on which this application can be seriously considered.