Northern Ireland

Remand prisoner accused of trying to murder police loses court bid to be transferred to republican wing

Luke O'Neill pictured arriving in a blacked out police cell van at Craigavon court last September
Luke O'Neill pictured arriving in a blacked out police cell van at Craigavon court last September Luke O'Neill pictured arriving in a blacked out police cell van at Craigavon court last September

A Co Armagh man accused of trying to murder police has lost a court bid to be moved from an integrated area of Maghaberry prison to a republican wing.

Luke O'Neill challenged a decision by the Prison Service to house him with the general prison population in Quoile House, saying he felt in fear for his life.

The 23-year-old, of Silverwood Green in Lurgan, claimed he has been subject to abusive language and threats from inmates aware of his republican background.

He was said to be so concerned for his safety that he refuses to leave his cell and does not integrate with other prisoners.

O'Neill's legal team argued that the Prison Service has been dismissive of his concerns.

But giving his judgment in the High Court, Mr Justice Colton said while he acknowledged his situation was "troubling", he was refusing the judicial review.

"I do not consider that there is sufficient evidence to satisfy the threshold that the applicant has suffered, or will suffer ill treatment," he said.

"Even if this was so, in the circumstances of the case I do not consider that there has been any real failure to take reasonably available measures which would have a real prospect of altering the alleged harm which is said to constitute ill-treatment."

O'Neill was charged last September with attempting to murder police officers and possessing explosives after police investigating alleged dissident republican activity seized an armour-piercing mortar in Lurgan.

He was remanded in Maghaberry and since then has seeking a transfer to Roe House, on the grounds he would be safer on the 'separated' landing for republican inmates.

An application was officially refused on October 26 when he was told he did not fulfil the criteria.

The court heard O'Neill was granted his own cell, but will not leave it due to fears he will be attacked by other prisoners.

As well as claiming he has been subject to abuse and threats in Quoile House, he highlighted an incident on October 2 when a malfunction resulted in the doors being unlocked.

O'Neill said during this time, fellow inmates were chanting and shouting verbal abuse at him and one prisoner made a "forceful and aggressive" attempt to enter his cell.

Mr Justice Colton said the Governor of Maghaberry swore an affidavit last November which described O'Neill's fears as "not based in reality".

He also said that while the October 2 incident may have been perceived by O'Neill as frightening, the other inmate's presence at his door was "fleeting" and he has since left the jail.

"I am not persuaded that this is sufficient to establish an objective risk to the life of the applicant."

The judge concluded by expressing a hope that authorities "will continue to monitor the applicant closely and ensure that all reasonable and practical steps will be taken to ensure his health and safety".