Mark Nash fears for his life in Mountjoy, High Court told

Convicted murderer Mark Nash fears his life is under threat from other prisoners in Mountjoy Jail in Dublin, where he has been on 23-hour lock-up for more than two weeks, the High Court has heard.

He is seeking orders permitting his transfer back to Arbour Hill prison, where he served 15 years of life sentences for the murder in 1997 of two people in Ballintober, Co Roscommon.

Nash (42) was given two further life sentences last month after being convicted of the separate murders of Sylvia Sheils (59) and Mary Callanan (61) at their sheltered housing in Grangegorman in Dublin, also in 1997.

Those terms will run from the date of his sentencing last month.

Mr Justice Michael Moriarty on Wednesday granted leave to Hugh Hartnett SC, for Nash, to challenge the refusal of the Irish Prison Service to transfer him back to Arbour Hill.

‘Peaceful life’

During Nash’s 15 years in Arbour Hill, he had settled down and was leading a peaceful life and did not present any problems to authorities save for “some minor difficulties with drugs” in the prison.

He was allowed to work with access to tools, such was the high degree of confidence authorities had in him, counsel added.

Nash was out of his cell for 7.5 hours daily in Arbour Hill, but is under 23-hour lock-up in Mountjoy, counsel said. During the one hour out of his cell, he is jeered by other prisoners whose cells overlook the exercise yard.

Nash is in fear for his life from other prisoners and is held in the medical section, not because of any health problem but because of the risk posed to him from other inmates, counsel said.

‘Distressed and depressed’

He has no access to work or study and is very distressed and depressed.

Mr Hartnett said Nash has now spent more than 15 days in lock-up, the limit recommended by the European Court for solitary confinement, as people suffer from psychosis and other forms of distress if held longer.

While it is normal after sentencing to be lodged in Mountjoy, Nash had expected he would be sent back to Arbour Hill, counsel said.

It appeared, however, that he faced being transferred to the Midlands Prison, where he would be under the same threat from other inmates.

The action seeking his transfer back to Arbour Hill is against the chief executive of the Prison Service, the Minister for Justice, Ireland and the Attorney General, with the governors of Mountjoy and Arbour Hill as notice parties.

Mr Justice Moriarty said the case could come back before the court next week.