A transgender woman detained on charges of threatening to kill her neighbour has won a landmark High Court battle to be transferred to Northern Ireland’s female prison.
Michelle James (63) mounted habeas corpus proceedings after she was initially detained at Maghaberry Prison over allegations that she declared an intention to stab the man.
She was moved to the Hydebank Wood detention facilities on Thursday when the Department of Justice conceded the application based on a lack of a policy for transgender individuals held in custody, a judge heard.
Details emerged as James, of Main Road in Cloughey, Co Down, was granted bail to return to her home address.
The retired chef faces a charge of threats to kill in connection with an incident earlier this month.
Prosecuting counsel Stephanie Boyd said James informed police called to the scene that she was planning to use a knife on either herself or a man living nearby due to ongoing issues between them.
“She said she would stab the neighbour and feel happy about it,” Mrs Boyd submitted.
When the accused was arrested she allegedly further stated: “He will pay.”
Defence barrister Sean Doherty confirmed that his client is a transgender woman.
He told the High Court she moved to her current home in 2018 and initially got on well with the alleged victim.
“She felt comfortable enough to confide in the complainant and tell him her story,” Mr Doherty contended.
“However, her confidence was betrayed and she was (allegedly) subjected to bullying by the neighbour who referred to her by her birth name, what she calls her dead name.”
The barrister argued that James phoned police “in desperation” and at no stage ever issued any threats directly to the man.
Mr Doherty disclosed that she was initially remanded in custody at HMP Maghaberry before habeas corpus proceedings were brought earlier this week to secure the prison switch.
“The Department of Justice relented, they accepted there was no policy in place for transgender prisoners and they consented to the transfer to Hydebank.”
With James seeking permission to return to her home address, Mr Doherty insisted it would be disproportionate to keep her in custody on the charges.
Mr Justice Shaw agreed to release her on bail under a strict order not to contact the complainant.
Speaking outside court, James’ solicitor confirmed the outcome in the earlier application for a writ of habeas corpus.
Joseph Mulholland said: “Our application sought to have her transferred to Hydebank Wood, and the Northern Ireland Prison Service subsequently facilitated this move.
“This case has highlighted the absence of a clear policy for transgender individuals in custody within Northern Ireland, a gap that has caused unnecessary delays and distress.”
Mr Mulholland added: “It is imperative that this policy vacuum is addressed as a matter of urgency to ensure fair and appropriate treatment for all.”