- Jan 21, 2015
I hope they win, its petty and vindictive and sexist that basic sanitation wasnt sorted out
The Supreme Court has agreed to hear an appeal by a former prisoner with potential implications for up to 1,000 cases concerning slopping out in prisons.
The appeal will address important legal issues as to what criteria apply for determining whether or not treatment of a prisoner is inhuman and degrading.
The court will also consider whether damages need always be awarded for breach of constitutional rights, an issue with widespread implications.
In a published determination, a three-judge Supreme Court, comprising the Chief Justice, Mr Justice Frank Clarke, Mr Justice John MacMenamin and Ms Justice Iseult OMalley, said Gary Simpsons case raised issues of general public importance entitling him to a leapfrog appeal direct to the Supreme Court, bypassing the normal route of the Court of Appeal.
The State is not disputing the finding that slopping out, on the facts of Mr Simpsons case, breached his constitutional right to privacy/dignity.
It wants the Supreme Court to address whether damages must be paid for breach of constitutional rights or whether declarations may be more appropriate in some cases.
Mr Simpson wants the court to overturn the finding of no breach of his right to freedom from inhumane and degrading treatment along with the refusals to award him damages for breach of dignity/privacy or costs.