The failure to implement further phases of the methadone maintenance programme in Mountjoy Prison means a "chronic" heroin addict who wants to tackle his addiction cannot get on the programme, the High Court was told yesterday.
As a result the prisoner, Gerard Dunne (27), continues to inject himself with heroin, which he can get in prison. "The reality is it is impossible to avoid drugs in prison because they are available throughout the prison system," he said.
The court was told only HIV-positive prisoners could avail of the programme in Mountjoy. It was claimed that budget reasons may have prevented expansion of the programme.
Yesterday Mr Martin Giblin SC, for Dunne, secured leave from Mr Justice Finnegan to take judicial review proceedings seeking a declaration that the Minister for Justice, Equality and Law Reform, the Governor of Mountjoy and the State were obliged to provide facilities and medication to meet Dunne's medical needs.
Dunne , formerly of Rafters Avenue, Crumlin, Dublin, is serving a life sentence for murder and has been in Mountjoy since January 30th, 1999.
Before his imprisonment Dunne was taking part in a methadone maintenance programme in the community.
When he was sent to Mountjoy, he applied to be put on the programme there. This was divided into three phases but only phase 1 - for HIV positive prisoners - was in place. Phases 2 and 3 have yet to be implemented.
Mr Giblin said the situation was urgent. Dunne was injecting himself with dirty needles and feared he might contract AIDS or other conditions.
Counsel noted that the Minister of State for Tourism, Sport and Recreation, Mr Eoin Ryan, who has responsibility for the drugs programme, told the Dail last week that such programmes in the community had proved so successful that 40 per cent of people using them were now back at work.
In an affidavit, Dunne said that, on admission to Mountjoy, he was put on the standard short-term detoxification programme. Over 14 days his dosage of methadone maintenance was reduced to zero. This disregarded the fact that he had been on permanent methadone maintenance. Dunne said he was told he did not qualify for a permanent programme. He had been given nerve tablets and sleeping tablets, and later Valium, Dalmaine and Zanec but did not believe these were enough for his drug dependency.
Mr Giblin said a doctor with the drug treatment centre said a meeting had been arranged between the prison authorities and the Department of Justice with the hope of expanding the programme in Mountjoy.
Mr Justice Finnegan said he would grant leave to Dunne to seek a declaration that the Minister is obliged to provide appropriate facilities and medication to meet his urgent medical needs. He returned the matter to July 25th, but said in the interim an interlocutory order could be applied for, directing that Dunne be put on the programme.
