A WARRANT for the arrest of Co Tipperary farmer John Burke has been stayed by the Supreme Court. Mr Burke, Duncummin House, Emly, Co Tipperary, told Mr Justice Donal O’Donnell, Mr Justice Liam McKechnie and Mr Justice Peter Charleton the warrant had been issued by the Circuit Court in Portumna, Co Galway, after he had inadvertently failed to attend to prosecute an appeal.
He had been fined €500 at Portumna District Court for drunken driving and had appealed it to the Circuit Court. He had never been informed of the date of his appeal and the conviction and fine had been affirmed in his absence.
Non-payment of the fine had resulted in the issue of the warrant for his arrest and the High Court had declined to hear an application by him to judicially review the Circuit Court decision.
Mr Justice O’Donnell said the Supreme Court would deal with his application as a full appeal of the High Court refusal and grant him leave to make a further legal challenge before the High Court on October 18th.
There had been some confusion relating to his High Court application and the Supreme Court would stay the execution of the warrant until that date.