A London-based Jewish rabbi who is charged with carrying out an illegal circumcision on a young child in Dublin has challenged the lawfulness of his ongoing detention in an Irish prison.
The High Court directed an inquiry under Article 42 of the Constitution into the detention of 47-year-old rabbi Jonathan Abraham, who claims that his human rights are being breached at Cloverhill Prison, where he is remanded in custody.
He claims his rights are being breached due to the Prison Authorities' alleged failure to provide him with Kosher food, which is food prepared in accordance with Jewish religious beliefs.
Kosher food, which must be prepared in Kosher utensils, using approved ingredients by staff trained in kosher practice, and must be certified by a recognised authority, is the only food he can eat.
The rabbi further claims that his rights are being breached due to the prison authorities' alleged failure to allow him to use certain religious apparatus which are integral to his religious beliefs.
The inquiry was formally opened by Ms Justice Nuala Jackson during Friday's vacation sitting of the High Court.
The case was adjourned to Saturday morning to allow lawyers for the governor to prepare a sworn statement in response to the rabbi's claims.
The rabbi, represented by Michael O'Higgins SC and solicitor Michael Staines SC, is charged with carrying out a surgical procedure, a male circumcision on a child, without being a registered medical practitioner at an address in Dublin 15, which is contrary to the 2007 Medical Practitioners Act.
He was arrested in Dublin late last month and was subsequently denied bail by the District Court.
The State objected to bail on the grounds of the seriousness of the offence and that the accused was a flight risk.
If convicted of the offence, the Rabbi could face a prison term of up to five years, and a maximum fine of €130,000.
At the High Court on Friday, the chief rabbi of Ireland, rabbi Yoni Wieder, gave evidence about the importance of kosher food and the essential use of certain religious apparatus in Jewish prayer, to Rabbi Abraham.
He said he had concerns about the provision of kosher food to rabbi Abraham, as he cannot eat other foods, and said he had attempted to bring kosher meals to the prison to the applicant.
However, the chief rabbi said he was told the prison could not take them.
He said having their food prepared in accordance with their religious beliefs is very important for observant Jews such as rabbi Abraham.
Eating non-kosher food, he added, was very much "a red line" for members of his faith, the chief rabbi added.
He said that kosher food is sourced and prepared in accordance with Orthodox Jewish requirements and is certified by a person or body acceptable to a recognised rabbinical authority, including the Chief Rabbinate of Ireland.
He said that since rabbi Abraham had been jailed, he had been in touch with the chaplin at Cloverhill prison, and the prison authorities.
He said that there was not an unwillingness by the prison authorities to help resolve the situation with Rabbi Abraham.
The chief rabbi said that the problem seemed to lie with the protocol regarding the bringing of items such as food into Irish prisons, and a lack of knowledge about kosher food in this jurisdiction as the number of Jewish people in Ireland is quite small.
He said that kosher food is not something that can be prepared on site but added that there are several catering entities in Dublin that can prepare kosher food.
He said that he had made the prison authorities aware of the companies that could provide kosher food for Rabbi Abraham in Cloverhill.
He said that this sort of problem does not occur in the UK where there is a much larger population of Jewish people compared to Ireland.
However, he said that many Jewish people in the UK are shocked that the Irish prison system does not provide kosher food to an inmate of the Jewish faith such as rabbi Abraham.
The chief rabbi added that he did not personally know rabbi Abraham before his arrest but said that many people he knows in the UK do know him and "speak very highly of him."
Earlier in the proceedings, rabbi Abraham, giving evidence on one discrete issue arising out of the proceedings, asked the court to be provided with religious apparatus called Tefillin.
The Tefillin are two small black leather boxes, that contain four biblical passages written on parchment, with leather straps that are worn by observant Jewish males aged 13 years and older.
They are worn during weekdays and in general are used during morning prayers.
In reply to Mr O'Higgins, the rabbi said that he had not been allowed to pray with his Tefillin since his incarceration.
This was something that caused him great upset as praying with the Tefillin is very important to him and others.
He said he had raised his concerns about his ability to pray with his Tefillin with prison authorities, had begged for the items to be restored to him, but said he had not got any proper response.
He said that on one occasion, when he was praying without the apparatus, a prison officer entered his cell, said a search was taking place ordered him to strip down to his underpants.
Under cross-examination by counsel for the respondent, Matthew Holmes BL, the rabbi disagreed that the Tefillin was something that could be taken off him and used as a weapon by another prisoner.
He said that "I am in a cell by myself." adding that no other prisoner had access to him and his cell, and he had no access to other prisoners in Cloverhill.
He added that he had never heard of a Tefillin being used as a weapon.
Following his application, Ms Justice Jackson agreed that the rabbi should be given access to the Tefillin, so he allowed to pray in the precincts of the courts for the duration of the hearing.
The hearing of the inquiry resumes on Saturday.
