Inquiry ordered into detention of man for failing to vacate what he claims is his family home

The High Court has directed an inquiry into the legality of the ongoing detention of a man jailed by a Circuit Court judge last November over his failure to vacate what he claims is his family home.

The man, currently being detained in a prison within the State, cannot be named for legal reasons.

The court heard that he was jailed for being in contempt of a Circuit Court order, made during family law proceedings between him and his ex-wife, to give up possession of and hand over the keys of a house in a remote part of the west of Ireland, where he and other members of his family reside.

The man’s claim that he is unlawfully detained came earlier this week before Mr Justice Tony O’Connor, who directed that an inquiry take place, under Article 40.4.2 of the Constitution, into the legality of his ongoing detention.

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Representing himself and addressing the court via video link from prison, the man said he has been jailed indefinitely and had not been treated fairly by the Circuit Court. He added that he wanted to get things sorted and to raise issues about the family law dispute with his ex-wife before the court.

The judge reminded the man that the court would only entertain argument in relation to the legality of the applicant’s ongoing detention.

The matter returned before Ms Justice Niamh Hyland, when it was briefly mentioned during Wednesday’s vacation sitting of the High Court.

Addressing the court via video link, the man told Ms Justice Hyland that he had been unable to get a solicitor to represent him in the inquiry, which is opposed by the State respondents and the prison governor.

The judge expressed concern about the case proceeding while the man is without legal representation. She adjourned the matter to a date later his month in order to allow the man to obtain lawyers to act on his behalf.

Ms Justice Hyland also reminded the man that he was free to return at any time before a sitting of the Circuit Court and purge his contempt and agree to comply with the court order. This would help speed matters along, she added.

However, the man indicated that he was not inclined to do this as it would render him and members of his family, including a child, homeless.