The State (O'Donoghue) v Kennedy

JurisdictionIreland
JudgeFinlay P.
Judgment Date23 July 1979
Neutral Citation1978 WJSC-HC 2631
CourtHigh Court
Date23 July 1979
Docket NumberNo. 124 SS/1979

1978 WJSC-HC 2631

No. 124 SS/1979
STATE (DONOHUE) v. KENNEDY
THE STATE (AT THE PROSECUTION OF MICHAEL DONOHUE
.v.
DISTRICT JUSTICE EILEEN KENNEDY
1

Judgment delivered the 23rd day of July1979 Finlay P.Mary P. O'Donoghue Registrar

2

This is an application to make absolute notwithstanding cause shown a Conditional Order of Certiorari granted on the 5th day of March 1979 to the prosecutor to bring before the Court for the purpose of being quashed the Order dated the 27th of February 1979 remanding the prosecutor in custody in Mountjoy Prison pending the hearing of the charge of larceny against him.

3

The matter had originally come before Mr. Justice Gannon as an application both for a Conditional Order of Habeas Corpus and a Conditional Order of Certiorari and he having made both Conditional Orders on the 5th of March 1979 the learned District Justice when the prosecutor was brought before her on foot of the remand to which they ware directed released him from custody. The application to make absolute the Conditional Order of Habeas Corpus therefore no longer exists and the only matter before me is the application to make absolute the Conditional

4

The facts out of which this matter arises are deposed to on the affidavits before me of the Solicitor for the prosecutor and of the District Court Clerk to the respondent and they may thus besummarized.

5

The prosecutor was on the 27th of February 1979 fifteen years of age having been born on the 26th of July 1963. He first came before the Children's Court on the 13th of February 1979 on a number of charges including the charge of larceny. The prosecutor vas not then represented but was assigned legal aid by the learned District Justice. Evidence was given on that occasion by a member of the Garda Siochana to the effect that the prosecutor was a persistent absconder from St. Lawrence's Children's Centre, Finglas and that he had committed various crimes while he was free having absconded and that the Garda was satisfied that he could not be satisfactorily detained in St. Lawrence's due to his propensity to abscond. Upon hearing such evidence the District Justice remanded the prosecutor in custody in Mountjoy Prison until the 20th February 1979. On the 20th of February 1979 the Solicitor for the Prosecutor appeared on his behalf but stated that he was not in a position to go on with the case on that occasion and requested a remand. The District Justice informed the Solicitor that she would have to remand the prosecutor in custody to Mountjoy Prison for one week and the Solicitor consented to theremand on that occasion. On the hearing of the 27th of February...

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