Prisoner with incurable brain cancer wins case over temporary release

Image: Shutterstock/kittirat roekburi Image: Shutterstock/kittirat roekburi THE HIGH COURT has ruled in favour of a prisoner with incurable brain cancer who brought challenge over the manner in which his application for temporary release was handled.

Following his diagnosis Heaphy from St Colman’s Road, Farranree, Cork has undergone various treatments for his illness while serving his sentence. As a result, Heaphy brought judicial review proceedings before the High Court, seeking his temporary release for the duration of his chemotherapy and radiotherapy.

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.In his judgment, Justice Donald Binchy found that the prison governor had acted outside of own powers when handling the applications for temporary release.

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