Killer of Melanie McCarthy McNamara contests 23-hour lock-up

A man serving a life sentence for the murder of teenager Melanie McCarthy McNamara has brought a High Court challenge to his 23-hour daily lock-up regime at Wheatfield Prison.

The regime has been in place for a year, it is claimed.

The prison authorities claim Daniel McDonnell (20) is being kept apart from the rest of the prison population for his own safety but the prisoner’s lawyers contend the regime is disproportionate and violates his rights.

McDonnell, from Brookview Lawns, Tallaght, was found guilty in January 2014 by a jury at the Central Criminal Court of murdering Ms McCarthy McNamara (16) who shot dead as she sat in a car with two others in a drive by shooting in Tallaght in February 2012. Mc Donnell had denied the charge.

Following the verdict, Mr Justice Paul Carney imposed the mandatory life sentence.

Outlining the High Court proceedings, Bernard Condon SC, for McDonnell, said his client is subject to a 23-hour lock-up, with only one hour outside his cell to do chores and exercise in the afternoon.

McDonnell had asked the prison authorities on several occasions to be allowed mix with other prisoners but his requests were refused. He now spends 23 hours a day in his 12ft by 8ft single cell. He also claims he is being denied access to structured activities, such as education and training, within the prison, which he wishes to participate in.

While he has some limited access to education, that is only in the form of half hour one-to- one sessions with a tutor.

As a result, McDonnell is finding it difficult to cope and his health has suffered, counsel said.

In his action, McDonnell is seeking various orders and declarations including a declaration his rights to bodily integrity udner the Constitution and European Convention of Human Rights have been breached.

He also seeks a declaration the decision to keep him locked up for 23 hours a day, under Rule 63 of the 2007 Prison Rules, is disproportionate.

Opposing the application, Seamus Woulfe SC, for the prison governor, said McDonnell has fallen out with prisoners whom he used to associate with. As a result, he has been kept isolated from other prisoners due to a significant threat to his safety, counsel said.

It was proposed to allow McDonnell attend the gym three days a week, counsel added.

Mr Justice Brian Cregan said he will give his decision on the matter early next week.

McDonnell was convicted after the jury were shown letters written in prison where he admitted to Ms McCarthy McNamara’s killing.

One of the letters, which the accused admitted writing, included the words: “Close-range head shots. That’s what I’m going for… Two in the head. The b***h is dead. Ha ha… Little did he know I had a loaded 12-gauge. Left his bitch all over the Sunday World front page.”

Keith Hall, Kilmartin Drive, Tallaght, was jailed for 20 years after he pleaded guilty to Ms McCarthy McNamara's manslaughter. He denied her murder.