Following a Royal Court ruling – the first of its kind – the inmate must be left and cannot be forced to receive any treatment for his failing health.The inmate cannot be identified but it has been confirmed that he is in isolation and is awaiting sentence for a violent crime.Prison governor Mike Kirby said that he has had a meeting with the inmate and is sure the hunger strike is not a protest.
‘He has indicated that he no longer wishes to live and this is the way in which he wants to end his life,’ said Mr Kirby.’We have a duty of care to every prisoner and if someone wishes to harm themselves then we have to take them to hospital, but the judgment of the court puts us in a difficult position.’There is very little that we can do at the moment, although we will do everything we possibly can to make sure this man remains alive.
At the moment he is back in prison but when his condition has been poor we have sent the prisoner to the hospital, where thankfully he did accept some form of treatment.’The Attorney General William Bailhache said: ‘The Royal Court sat on Friday afternoon to consider an application for a declaration concerning the powers and duties of the prison and the hospital authorities in respect of a detained individual who wishes to decline food and fluids.’The court dealt with the matter and will issue a reasoned judgment in due course but omitting the name of the individual concerned.
‘This is the first time that such a matter has been considered by the Royal Court.
In essence, the court found that the individual concerned is mentally competent and the court declared that it is lawful for the prison and hospital authorities to refrain from treating the individual and forcing him to take food, fluid and medical treatment until he requests them.’
