Daly v Judge John Coughlan,  IEHC 126 (2006)
|Docket Number:||2005 838JR|
|Judge:||Mac Menamin J.|
THE HIGH COURT [2005 No. 838 JR]BETWEENFRANK DALYAPPLICANT ANDJUDGE JOHN COUGHLAN RESPONDENT ANDTHE DIRECTOR OF PUBLIC PROSECUTIONS NOTICE PARTYJUDGMENT of Mr. Justice John MacMenamin dated the 10th day of March, 2006.FACTUAL BACKGROUND1. The applicant herein was charged with the offences of having no insurance and no driving licence on 28th April, 2000. On 19th June, 2001, he was convicted of those offences and sentenced to a six month period of detention in relation to each sentence, which sentences were to run consecutively. He appealed this decision to the Circuit Court and took up bail pending the appeal.2. On the 19th November, 2003, the appeal was struck out in the Circuit Court and the District Court order was affirmed. The applicant was not present in the Circuit Court on that date for the purposes of prosecuting his appeal. The committal warrants were then returned to the District Court for reissuing. They were reissued in the District Court on 17th December, 2003. On the 18th May, 2005, some seventeen months later, an order was made by the first named respondent purporting to reissue the said warrants for a period stated thereon to be "within six months" of the date of issuing. This arose for the following reason.3. On the 6th March, 2005, the applicant has been arrested and charged by Garda Eoin Maher for an unrelated charge. He was admitted to bail on 8th March, in relation to that charge. On 23rd May, 2005, the applicant attended Dun Laoghaire District Court in compliance with the terms of that bail bond. On that date the charge was struck out on the application of the prosecution. On the same date the applicant was arrested on foot of the warrants, the subject matter of the prosecution. He was lodged in Mountjoy prison on foot of the said warrants and subsequently transferred to the Midlands prison.4. On 25th July, 2005, an application was made pursuant to Article 40.4.2 of the Constitution of Ireland for an inquiry into the validity of the detention of the applicant. This application was brought in proceedings entitled Frank Daly v. The Governor of the Midlands Prison. This application was made returnable for the following day. On that date, leave was granted to apply for judicial review in the instant proceedings by Quirke J. This was made returnable to the 28th July, 2005. The applicant was admitted to bail by the High Court (Peart J.) on 10th August, 2005.5. The actual relief now sought by the applicant is for an order of certiorari by way of an application for judicial review to quash the first named respondents order of 18th May, 2005, reissuing the warrants originally issued by then President of the District Court His Honour Judge Peter Smithwick on 17th July, 2003.6. The circumstances so far as concern the respondents are dealt with to a degree in two affidavits sworn herein In the first of these, Detective Garda Francis Hoban disputes a contention made by the applicants on the course of his affidavit that he was not made aware of the date upon which his appeal against conviction and sentence before the Circuit Criminal Court was scheduled for hearing. He states that the appeal was scheduled for hearing on 12th November, 2003. He recollects being in court on that date and recalls that the applicant was personally present in court and was represented by way of solicitor. The Detective Garda states that he gave evidence that the applicant had driven while he was disqualified, that various submissions were made in mitigation relating to those occasions and that the judge indicated that he would adjourn the matter for one week when he would give his judgment on 19th November, 2003. The matter was mentioned on that date. The applicant did not himself appear in court, however his solicitors were present. On that date the District Court order was affirmed.7. There is also filed a second affidavit by Sergeant John O'Donovan of An Garda Siochána, Finglas Garda Station. He testifies of efforts which were made to serve warrants on the applicant.8. More directly relevant however he states firstly that on the 27th December, 2004, he was on duty at Finglas Garda Station when he was contacted by Cabra Garda Station by telephone. He was told that the applicant had called in person to the station to inquire if there were any warrants in existence for him. He indicated that there were such warrants in Finglas Garda Station. The applicant indicated that he would call to that station to be served with the warrants and to serve the relevant sentences. The...
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