Jailed rapist refuses to end 47 day-long hunger strike

A prisoner on hunger strike because he claims he is innocent of his conviction for rape is refusing to come off his protest, the High Court heard.

The man, who cannot be named, is on day 47 of refusing food and has told his lawyers, if he falls into unconsciousness, there should be no intervention, the court was told.

The governor of the prison, which also cannot be named, has applied to the court for orders on how to deal with the situation.

That includes addressing whether the prisoner has capacity to decide on continuing with the hunger strike.

Mr Justice David Barniville adjourned the matter to Friday so a full hearing of the issues could take place.

The man viewed the hearing on Thursday via video-link from a room in the prison. He was in a wheelchair.

His counsel, Micheál P O’Higgins, instructed by solicitor Darragh Robinson, who also represented him in the criminal case, said it was a difficult case for all involved.

“As matters stand he intends to remain on hunger strike notwithstanding that it has been pointed out to him there is an extant appeal in relation to his conviction to the Supreme Court,” counsel said.

Paul Carroll SC, for the governor and the Irish Prison Service, said his side was anxious to move things along and had hoped a hearing could take place almost immediately. It was a case which would require oral evidence primarily from medical personnel including the prison psychiatrist to deal with the issue of capacity, he said.

The concern at this stage was the man had been refusing food for more than 46 days and matters are deteriorating. He has underlying health complaints, including a heart condition, counsel said.