Barreto v McMullan

Frederick Barreto, a prisoner at Acacia Prison, brought proceedings against Paul McMullan, Director of Acacia Prison, seeking relief in respect of a number of administrative decisions. These included a cell confinement regime, activation of a TOMS alert, denial of access to his employment location, suspension from his employment as a Peer Tutor, and activation of a loss of privileges process. The proceedings were heard on the basis of agreed facts. The court was required to determine whether the respondent's actions were lawful and whether they were open to judicial review. The court found that the respondent's actions were lawful and not open to judicial review except in respect of the cell confinement regime. The cell confinement regime was arguably unlawful and so the court would not dismiss the applicant's action in respect of it.