Derry dissident Republican prisoner loses High Court battle over ban on contacting solicitors’ mobile phones

A 24-year-old Derry dissident Republican prisoner has lost a High Court battle to overturn a court ruling banning access to solicitors’ phone numbers.

Nathan Hastings, from Stradowen Drive in Strathfoyle, was caught with firearms, a pipe bomb and ammunition during an undercover police operation at Northland Road in 2013. He is currently serving a 10-year-sentence for the offences at Maghaberry Prison.

The father-of-one had been challenging a ban that the Prison Service claimed was in place to stop prisoners from making contact with terrorist co-conspirators.

Legal action was brought against the Northern Ireland Prison Service after Hastings was prohibited from adding the mobile phone number of his solicitor, Fearghal Shiels of Madden and Finucane, to an allowed list of contacts.

Hastings said he wanted to use the mobile number as he had been unable to reach Mr Shiels at his office on a number of occasions.

The Prison Service claimed they based the refusal on the fact mobile phones are insecure and capable of being lost or stolen within the prison creating possible risks to staff, prisoners and the general public.

They also said it could assist criminals and/or terrorists elements to communicate inappropriately from within the prison, providing a chance for planning or carrying out offences.

Hastings’ solicitors said the decision was ‘illegal, irrational and unfair’.

The ban was contrasted with the law in England where prisoners have faced no prohibition to phoning solicitors’ mobiles since 2001. They claimed the Northern Ireland stance was ‘absurd’ as English prisoners can call their solicitors’ mobile phones despite the presence of a high-level jihadist threat.

However, Mrs Justice Keegan disagreed that the prohibition infringed any human rights and did not see the barring of calling solicitors’ mobiles as an unreasonable measure.

She dismissed the application saying: “I’m far from convinced he has established any detriment.”

Hastings’ solicitor, Mr Shiels, expressed dissatisfaction following the ruling and has suggested that they will now appeal the verdict.