A man jailed for raping a woman and abducting her child is appealing an unsuccessful High Court action taken after it emerged his solicitors' calls were recorded.
The action was brought by Michael Murray (44), formerly of Killiney Oaks, Dublin, who was jailed at the Central Criminal Court in 2013 for 15 years for rape, attempted rape, oral rape and aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.
Murray, who represented himself for the High Court case taken against the Irish Prison Service and the Minister for Justice, had sought injunctions restraining prison authorities from intercepting his calls, certain declarations and damages.
Mr Justice Seamus Noonan dismissed his application last July, saying it was beyond dispute that the recording of Murray's telephone calls was "inappropriate and ought not to have occurred". There was however, "undisputed evidence" that the calls weren't accessed, the judge said.
Murray, through his present legal team lead by Colman Fitzgerald SC, on Tuesday moved to appeal Mr Justice Noonan’s decision in the Court of Appeal .
Mr Justice George Birmingham said the three-judge court would hope to be in a position to give judgment on his appeal this Friday.
Inmates in Irish prisons fill out a form entitled “Application for Phone Calls” which permits them to list up to 12 contact numbers, the contact’s name and their relationship to the prisoner, the High Court found. The form states that the “the first number must be your solicitor” and “all calls except those to the Samaritans and your solicitor will be monitored and recorded”.
Privileged matters
Murray had drawn particular attention to two phone calls to his solicitor on July 23rd, 2013, on the evening before day 21 of his trial, during which he discussed privileged matters in relation to his defence. Both calls were made from lines other than the designated solicitor line, number one.
In his judgment, Mr Justice Noonan said Murray had not put any evidence before the court to demonstrate the slightest prejudice arising from what appears to have been a “technical infringement at best of his rights”.
The Central Criminal Court had heard that Murray lured his female victim into an apartment by telling her that an elderly woman was dying inside and needed her help. He tied her up and assaulted her before taking her son away abandoning him in the city centre. He returned to the flat where he drugged and raped his victim.
The offences all occurred February 12th and 13th, 2010 in a Dublin apartment. Murray denied the charges, however he was found guilty on all counts by a unanimous jury decision.