The High Court has reserved judgment on a challenge by two prison officers to penalties imposed on them after a disciplinary hearing into complaints of excessive delay by them in returning an inmate to Castlerea Prison after a hospital visit.
The officers, Mr Alan Burns and Mr John Hartigan, are seeking to set aside the penalties on the grounds that that they were refused legal representation at the disciplinary hearing in July 2003 and were denied natural and constitutional justice. The officers attended the hearing but did not participate.
After the disciplinary hearing both officers were written to by the governor who described their conduct as "totally unacceptable".
Mr Roddy Horan SC, for the officers, has argued that, despite the seriousness of the charges against them, they had been refused legal representation. Complaints were made against them of making false and inaccurate statements with intent to deceive and that they had knowingly solicited an unauthorised gratuity from the prison.
Mr James O'Reilly SC, for the governor, said the prison disciplinary code made no provision for legal representation and the governor also denied any breach of natural or constitutional justice.
It was claimed by the prison authorities that the officers' escort of the prisoner to Merlin Park Hospital, Galway, from Castlerea, on April 26th, 2002, had concluded about 12.40 p.m. but the prisoner was not returned to Castlerea until 6.35 p.m. The officers disputed that there was any unnecessary delay.