A High Court judge has ruled that convicted murderer Charlotte Mulhall is entitled to most of her legal costs of legal proceedings she brought over her transfer to Limerick Prison from Mountjoy women's prison, Dublin in 2018.
In High Court judicial review proceedings she made several claims against the Irish Prison Service, the Governor of Limerick Prison, the Minister for Justice & Equality, Ireland, and the Attorney General including that the transfer had adversely impacted visits from family members.
The case was due to be heard by Mr Justice Anthony Barr this week.
However, the judge was informed by Mulhall's lawyers on Tuesday that it was no longer necessary to continue the action, as she had received several visits with close family in recent months.
Legal costs
Mulhall, represented by Conor Power SC, and Cian Kelly Bl instructed by solicitor Tracy Horan argued Mulhall was entitled to her legal costs against the respondents on grounds that it was necessary to bring the proceedings for the visits to be arranged.
The respondents rejected that argument and opposed the application for costs. It also sought its costs of the proceedings.
In his written decision given on Wednesday Mr Justice Barr said Mulhall "was not entirely successful," in her action.
He had not granted her permission to bring a challenge against her 2018 transfer, on the grounds that her action had not been brought within the normal time limits allowed.
However, the court had granted her permission to bring an action where she sought an order compelling the prison authorities to temporarily transfer her to Dublin to facilitate family visits when necessary.
Family visits
The court was told that those proceedings did not need to proceed because family visits had been arranged for her at neutral venues, and that such visits are likely to continue.
Given that she had secured a change in the visitation regime, the Judge said that Ms Mulhall was entitled to 50% of the costs of her leave application and 66% of the costs of the full hearing.
It was "just and equitable that she was entitled to some order for the payment of her costs," he said.
The judge said he accepted that the prison authorities and the Governor of Limerick Prison had made a bona fide effort to treat Mulhall fairly and had regard to her visitation rights.
These rights had been frustrated by external factors beyond the control of the respondents, he added.
However, the judge said if a party wants to avoid the costs of a hearing they should make clear offers to the other side in advance, to save costs.
Visiting regime change
The respondents, he said had not informed Mulhall's lawyers that following the easing of Covid restrictions in late 2021, that there had been a change to the visiting regime, and that her action had become necessary.
After making the costs order the judge formally struck out the proceedings.
He placed a stay on the costs order for 28 days, pending the bringing of any appeal against his decision.
In her action Ms Mulhall had sought a mandatory order from the Court requiring the prison service to transfer her to Dublin, so she could receive family visits when necessary. She claimed that close members of her family could not visit her in Limerick which amounted to a disproportionate interference with her family rights.
She had received such visits up until mid-2019, but had originally claimed that those were ended without any apparent formal notification to Ms Mulhall.
The visits did not resume until last October, well after the proceedings had been commenced.
Limerick prison
Lawyers for the respondents claimed that the prison had made its facilities available for those wishing to visit the applicant.
Ms Mulhall had been afforded the same rights as every other prison in Limerick Prison, and her rights which the prison authorities were keenly aware of, had not been breached.
The respondents did not accept that the bringing of the proceedings had resulted in the prison services making arrangements for Ms Mulhall to visit close family.
Known as the 'Scissors Sisters' Charlotte, a mother of one, and her sister Linda Mulhall, were convicted in 2006 of the killing of their mother's boyfriend Farah Swaleh Noor, in March 2005.
The dismembered body of Noor, who had a history of being extremely violent towards women, was found dumped in the Royal Canal, near Croke Park, some days afterwards
Following a high-profile trial at the Central Criminal Court Charlotte, who was aged 21 years at the time of the killing, was found guilty of murder.
Linda was found guilty of manslaughter and sentenced to 15 years in prison. and has subsequently been released from custody.
