AN INQUIRY into the legality of the detention of convicted murderer James (Shay) Wildes has been ordered by the High Court.
Michael Fox, counsel for Wildes, told Mr Justice Bryan McMahon yesterday that his client had been transferred from Mountjoy Prison to Portlaoise and then to Wheatfield Prison in the absence of any chain of authority for such transfers.
He said the warrant for the detention of Wildes in Mountjoy was legally flawed in that it made no reference as to the date and place of the murder or as to the identity of the victim. Mr Fox said his client had been left at risk of being charged with the same offence again as a result of the lack of proper record of the offence of murder, of which he had been convicted. Judge McMahon said Mr Fox had satisfied the court he at least had an arguable case to be made and directed an inquiry be held into the matter on May 27th.
Wildes in September 2003 had been convicted of murder and sentenced to life by Mr Justice Paul Carney. He had received concurrent sentences of 10 years and five years for possession of a firearm and ammunition.
Mr Timothy McEniry, solicitor for Wildes, in an affidavit said his client was seeking to quash the orders for imprisonment on the grounds they were insufficient to permit the governors of Mountjoy, Portlaoise or Wheatfield prisons to further detain Wildes.