A man who experienced a “huge shock” at being given an 18-month prison term suffered a fatal collapse in a holding cell at Cork Circuit Court two years ago, according to an investigation into his death.
Relatives of the deceased told investigators from the Office of the Inspector of Prisons that he had expected to receive a suspended sentence and was planning to attend a football match with one of his children later that day.
A report by the OIP into the death of the prisoner – identified only as Mr R – at Cork University Hospital on October 28, 2022, on the day after his collapse, revealed the court case had weighed heavily on the deceased’s mind for two years.
It noted that he had been under a curfew and had to be at home from 11pm each night.
Mr R’s family said the effect of checks by gardaí calling to the family address often late at night had an adverse impact on his wife and children, which resulted in him moving back to live with his mother.
He also had to sign on daily at a Garda station which was a considerable distance from his home.
Mr R’s sister described his behaviour as normal when she collected him on October 27, 2022 to bring him to court for the sentence hearing following his conviction in June 2022 on drugs charges.
However, she said the sentence of two years in prison with the final six months suspended had come as “a huge shock.”
The OIP report outlined how the emergency services were alerted after he became unwell shortly after being placed in the cell in the Cork Courthouse, and he was transferred to hospital by ambulance while being escorted by prison staff.
The report noted that prison staff had found nothing prohibited during a search of Mr R as he was being taken into custody after his court appearance.
However, they stated he was “under the influence of an intoxicant but coherent and able to converse.”
He was brought from the cell for a short consultation with his barrister before returning at 1.10pm.
Five minutes later, prison officers went to his cell after hearing noises from it, and they found Mr R walking around in a distressed manner with one describing him as “very agitated" with arms “waiving in the air.”
He was placed in a seated position a few minutes later after he had calmed down.
Another prison officer reported that the prisoner was unsteady on his feet, while his shirt was on the floor, and he was “shouting and muttering to himself.”
While conducting a further check on the prisoner, at 1.30pm a prison officer discovered Mr R on the cell floor.
She stated it was immediately apparent that he was in difficulty as he was “foaming from the mouth and bleeding from the nose.”
He was placed in the recovery position but was non-responsive and had a weak pulse.
Prison staff started CPR on the prisoner while waiting for an ambulance crew to arrive.
A prisoner in another cell told the OIP that he could hear Mr R “pacing up and down and kicking the wall.”
The prisoner added: “He was rambling and not making much sense. It was like he was on drugs.”
The prisoner’s mother said she believed imposing a prison sentence was severe as her son “wasn’t a criminal; he was an addict” who should have been placed in a drug treatment centre.
She recalled that he had previously had to have a doctor called to attend him after he suffered an anxiety attack while in Garda custody.
It was explained to Mr R’s family that they were not immediately informed about him being taken to hospital as he had only been in the custody of the Irish Prison Service for 30 minutes when he was found to be unwell.
The IPS said the committal process had not been completed at the time, so next-of-kin contact details were not readily available.
Relatives of Mr R told the OIP that he was a father of four young children who had run a successful, award-winning business which was forced to close during the Covid-19 pandemic.
They described him as a very caring person but that drug addiction had adversely impacted his life over the two years prior to his death, particularly after his business shut down.
His family pointed out they had paid for Mr R to attend a residential drug rehabilitation centre but that he had continued to associate with others who had substance misuse issues.
They observed he had always taken responsibility for what he had done and was remorseful for the actions that led to his arrest.
As a result of its investigation, the OIP recommended that first responder and first aid training should be provided to all IPS staff who have direct contact with prisoners.
The prison watchdog noted a similar recommendation made in 2019 had not been accepted by the IPS because of the demands it would place on staffing resources with the requirement for refresher training.
The OIP also called for the IPS to engage with the Courts Service “as a matter of urgency” about having access to view and obtain CCTV footage relating to prisoners being temporarily accommodated in holding cells at courthouses after the report revealed that contractual arrangements about the sharing of information caused delays in the material being released when requested.
It also suggested other changes to policies governing access to CCTV footage as the report revealed the IPS was informed that it was only entitled to access images showing prison staff.
The OIP said the CCTV footage it saw was heavily pixelated and excluded the time of recording so that it was “of limited investigative value.”
It also restated another previous recommendation that had previously been rejected by the IPS due to a lack of resources, that records should be kept of all items taken from prisoners in courthouses.
The OIP urged the prison authorities to reconsider their position as it was important to ensure that a new prisoner had nothing in their possession which could cause themselves or others harm.
However, the IPS replied that it still did not accept the recommendations relating to first aid training and keeping records of possessions taken from prisoners in courthouses for staffing reasons.
The OIP said the cause of Mr R's death was a matter for the coroner.
