The High Court has ruled in favour of a prisoner with incurable brain cancer who brought a legal challenge over the manner in which his application for temporary release was handled.
Mr Justice Binchy said Heaphy was entitled to a declaration in his favour concerning how his applications for temporary release in 2017 were handled. The wording of the declaration will be finalised later. His applications were refused by the authorities on grounds including there was no evidence the level of care he required was not available in the prison.
It was also claimed the prison governor was making decisions in respect of the applications for temporary release when he had no power to do so. The claims were denied.
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