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Hospital criticised over prisoner Hunger striker 'neglect' denied
(about 3 hours later)
A High Court judge has said Belfast City Hospital has neglected its duty of care by failing to feed a prisoner on hunger strike through a drip. Belfast City Hospital has denied neglecting its duty of care by not feeding a hunger striker with a drip.
Convicted rapist Oswald Brown has been refusing food for 53 days over what he claims is his wrongful conviction.Convicted rapist Oswald Brown has been refusing food for 53 days over what he claims is his wrongful conviction.
On Tuesday, a judge ordered that the prisoner be moved from Magilligan jail to be fed at the hospital. On Tuesday, a judge ordered he be moved to hospital. But doctors went to the High Court for clarification and said Brown could make his own decisions.
One doctor told the court Brown was fit to make his own decisions and should not be fed by force. However, Mr Justice Deeny reiterated it was the hospital's duty to comply with his ruling.
The doctors treating the prisoner had gone to the High Court seeking clarification on his mental state. The judge said he had no doubt that Brown's mental judgement was impaired.
However, the judge reiterated it was the hospital's duty to comply with Tuesday's ruling and start giving Brown nutrition.
Mental judgement
Mr Justice Deeny said he had no doubt that Brown's mental judgement was impaired.
He said if Brown had come to any harm in the last 24 hours there would be a case for action against the hospital.He said if Brown had come to any harm in the last 24 hours there would be a case for action against the hospital.
The matter first came before the court last Friday when the secretary of state applied for a declaration that prison officials could lawfully abstain from giving food to Brown, who has threatened to starve to death.The matter first came before the court last Friday when the secretary of state applied for a declaration that prison officials could lawfully abstain from giving food to Brown, who has threatened to starve to death.
He is due for release on Monday.He is due for release on Monday.
In a statement issued later on Wednesday the hospital said it "absolutely refutes the suggestion that it has neglected its duty of care".
It said that his medical condition is being managed appropriately, and that "his condition remains stable; his condition has in no way been jeopardised by any delay in commencing feeding".
"Belfast City Hospital is satisfied that it has at all times acted appropriately and in the best interests of the patient," it said.
"A patient's right to refuse treatment can only be overridden in the most extreme circumstances and after careful consideration."
The case is due to go before the High Court again on Thursday.
At his 2001 trial Brown, of Orangefield Grove, was described by the judge as an opportunist rapist who took advantage of a naive young student.At his 2001 trial Brown, of Orangefield Grove, was described by the judge as an opportunist rapist who took advantage of a naive young student.
Brown was jailed for six years on condition he serves a further two years probation on release.Brown was jailed for six years on condition he serves a further two years probation on release.