Ex-prisoner tells of his jail 'slopping-out' and smoking trauma
Saturday January 26 2008
A DISTRICT Court judge will reserve judgment in a landmark civil damages case taken against the State by a former prisoner who claims his health was put at risk through passive smoking and having to 'slop-out' while in jail.
The outcome of the action taken by Troy Cremin (29) is now being closely monitored by the Department of Justice, the Prison Service and the legal profession as dozens of other such claims are being considered by other former prisoners.
Yesterday, Judge O'Leary was told that Mr. Cremin is seeking "a modest amount of damages" from the State arising from his treatment in Cork Prison, which he claims breached his Constitutional and EU-guaranteed human rights.
Mr Cremin claims he suffered emotional distress and unnecessary anxiety over his treatment in prison.
Distress
Yesterday, Judge Con O'Leary in Cork District Court said that prison governors have a duty of care for inmates in relation to passive smoking.
"It is just, fair and reasonable that the governor should owe a duty of care to prisoners in relation to possible consequences for passive smoking," he said.
This was true, he added, in light of the State's clear position that smoking is bad for you.
However, Judge O'Leary said he would have to carefully consider the point, given that the State has also specifically ruled that smoking is permitted while in prison.
Mr. Cremin, of Palm Springs, Ardarrig, Douglas, claims the State was negligent in its treatment of him while he was in custody.
He is suing the State for damages over a range of issues arising from conditions he said he endured at Cork Prison between October 2004 and February 2005.
He served the sentence arising from a conviction for harassing a neighbour -- but claimed that conditions within Cork Prison were like something akin to the Stone Age.
Urine
He told the hearing that, while prisoners were 'slopping out' both urine and faeces from these buckets each morning into a toilet on each prison landing, splashes from the liquids would hit their footwear and clothing.
"There was water and urine splashing all over the place and getting on your hands and shoes," he said. Mr Cremin also complained that he was subjected to passive smoking while in the cell with five other prisoners who continuously smoked cigarettes.
The Court heard that he was confined to the cell from 7pm each evening until 8am the next morning. The State has vigorously denied Mr Cremin's claims -- and insisted that the plaintiff was treated in a fair, just and reasonable manner at all times.
The Governor of Cork Prison, Jim Collins, emphatically denied that conditions are filthy within the jail and pointed out that 95pc of inmates who wish to get out of their cell at night to go to the toilet are allowed to do so. Judge O'Leary said he will reserve judgement when all submissions are clarified.
- Ralph Riegel
