JOSEPH O’REILLY, who is serving a life sentence for the murder of his wife Rachel in north Co Dublin in 2004, has failed in an attempt to secure his release from prison.
Mr Justice Michael Peart dismissed his application to the High Court yesterday for a declaration under Article 40 of the Constitution that his detention in the Midlands Prison is unlawful and directing his release.
O’Reilly (38) was convicted three years ago of the murder of his 30-year-old wife at their home at Lambay View, Baldarragh, The Naul, Co Dublin.
The judge said that O’Reilly, according to an affidavit, had on July 12th served an application to have his conviction quashed.
O’Reilly told the court he had been unable to engage the services of a solicitor and was dealing with his application through the post while pursuing an application to be granted legal aid.
He had written to the court claiming his detention was rendered unlawful by the fact that he had a more restricted access to the courts than other citizens and was disadvantaged by not being permitted to attend personally.
The judge said O’Reilly had been lawfully sentenced and until that sentence was quashed by a court of competent jurisdiction he must serve it. A custodial sentence necessitated certain limitations to freedom and a restriction of rights that would otherwise be available to someone not serving a sentence.
“One of those restrictions is one of which this applicant complains, namely that unlike other persons who are not in prison he may not simply walk into court and move an application or attend the Central Office to file papers,” he said.
The judge said access to justice was not denied to him. It meant that for reasons that were self-explanatory and obvious he had to go about accessing justice by a different but no less onerous route, initially through the post.
The court had heard that O’Reilly claimed to be impecunious and could not pay court fees for proceedings. Many others not in prison endured the same level of financial hardship, he said.
“It is a matter for the legislature to legislate in relation to legal aid . . . he has made an application in that regard,” said the judge.
An unrepresented prisoner’s access to justice was by post and such applications were given to a judge for initial consideration. O’Reilly’s application for release must satisfy the court there were arguable grounds and a reasonable capability of success.
If the court considered there was some weight to the grounds advanced, the judge would direct an inquiry so that the prisoner could attend court to challenge his detention and allow the prison governor also attend to justify it.
The judge said the grounds put forward by O’Reilly that his detention was unlawful had no possibility of success and he dismissed the application.