O'Rawe, Re Judicial Review

[2] The grounds upon which relief was sought were confined by the Court on the application for leave on two grounds namely:

[3] The background to the case is helpfully set out in the affidavit evidence including the affidavit from Governor Malcolm McClenaghan who explains that prisoners held in Foyleview enjoy what he says can be described as semi-open conditions. They can work in the community, face a less restricted regime and have an enhanced home leave scheme allowing them 4 days of home leave every other weekend whereas other prisoners within the main prison complex are held under more restrictive conditions.

[4] Prisoners located in Foyleview are expected to conduct themselves in a lawful, civil and mature manner both within and outside the prison and, according to the Governor, it follows therefore that they would be expected to be fully accountable for their decisions or actions and the consequences thereof. He referred the Court to a copy of the Foyleview compact which was signed by the applicant and Governor McClenaghan on 19 May 2011. Para11 provides:

[6] In the compact document under a section entitled "Your commitment to me" (i.e. the applicant's commitment to the prison authorities) it is important to note the following paragraphs in which the applicant committed himself to:

[8] The Court was informed that G works in an area of the prison where all prisoners returning from home leave transit through. G doesn't reside in the Foyleview area. He was directed by Governor McClenaghan to advise him if he was able to identify any of the offending prisoners on their return to prison. Later on 3 January 2012 Governor McClenaghan was informed by another prison officer that G had identified two prisoners who had subjected him to abuse on the train. The two who were identified were then named by G and one of these two was the applicant.