A district court judge last week called into question the administration of the justice system in Ireland after evidence in a case revealed that a prisoner on temporary release from Castlerea who committed offences was refused re-admission to the prison.
Judge Mary Devins rose for 20 minutes at last week’s sitting of Castlebar District Court to have the matter investigated and on being told by Inspector Mick Murray that Castlerea could not re-admit prisoners until receiving authorisation from headquarters, Judge Devins said that it seemed the system was now running a ‘virtual’ or ‘theoretical’ prison service.
Judge Devins added that it was ‘most bizarre’ that a prisoner who breached the terms of the conditions which saw him released temporarily would be refused re-admission and released by into the community by the Gardaí.
Judge Devins also said that the defendant in question, Mr Terry McDonagh, of 56 An Sruthán, Castlebar, had told her on a previous occasion that he was coping with his drug addiction problems by taking cannabis while he was in Castlebar Prison.
The matters which the judge criticised came to light when Garda John Conway gave his evidence in relation to an incident involving the defendant on May 24 last at 9.25am on Hopkins Road in Castlebar.
Mr McDonagh was arrested in relation to two alleged public order offences and one alleged theft offence. Garda Conway said he was made aware that Mr McDonagh was on temporary release and that by being charged with these offences he was in breach of the terms of his release. Garda Conway rang Castlerea Prison to have Mr McDonagh transferred back to jail but he was told by the prison that Mr McDonagh would not be taken back.
Judge Devins said she found this situation ‘most bizarre’ and she rose from the bench and asked Inspector Mick Murray to contact Castlerea Prison and see why the defendant was refused re-admission.
After the 20-minute recess, Inspector Murray told the Court that he could confirm that Garda Conway did get in touch with Castlerea Prison and was told Mr McDonagh would not be taken back. It appeared that a prisoner cannot be taken without approval from the Irish Prison Service Headquarters. An e-mail of approval had arrived by May 26 when the prisoner showed up at the prison to sign on, which was part of his original temporary release conditions, and he was then re-admitted.
Solicitor for the defendant, Mr Myles Gilvarry, said his client was due in the Circuit Criminal Court on June 12 where he is set to face some serious charges.
Judge Devins said she had a mind to remand these matters to the Circuit Court but she issued a bench warrant in relation to the three charges before the District Court, with the warrant not to issue before July 4.
