A PRISONER serving life for murder is suing the Northern Ireland prison authorities for not allowing him to be with his wife, also a prisoner, when she gives birth next month.
James C. Kelly, an inmate of Maghaberry Prison, near Lisburn, Co Antrim, wants to be the "birthing partner" to his wife, Denise McAllister, whose pregnancy has confounded the prison authorities.
McAllister, serving 10 years for robbery, is believed to be the first inmate to have conceived at any jail in Northern Ireland and is due to give birth in a Belfast hospital on April 14th.
A prison service spokeswoman said yesterday prisoners are not allowed conjugal rights in prison. "A full investigation at the time was unable to determine the circumstances of the pregnancy."
The couple's cell-block wedding, last June followed Kelly's transfer from Gartree Prison, Leicestershire. His wife became pregnant during what was described as an "inter-institutional" visit by her husband.
Kelly, from Derry, was granted leave in the Belfast High Court to apply for a judicial review. His affidavit said he had been told it was not prison policy to allow husbands out of prison to be with a wife giving birth.
His affidavit said: "Everyone, including prisoners, has a right to respect for their private and family life. Denial of compassionate leave, to enable me to be present with my wife at the birth of our child is a clear derogation of that right."
Kelly's lawyer, Mr Seamus Treacy, told the court that prison literature stressed the value of family relationships. "But in this case it appears that lip-service is being paid to that ideal," he said.
Granting leave to apply for judicial review, Mr Justice Kerr said he had to emphasise that his decision was in no way indicative of the outcome. The hearing was fixed for, April 7th - a week before the baby is due.