The High Court has ordered the release from Wheatfield Prison of a man jailed in his absence by Judge Murrough Connellan at Bray District Court for alleged driving without insurance.
Joseph Carpenter (23), of John McCormack Avenue, Walkinstown, claimed in his affidavit, presented by Shane Costelloe BL, that he had been denied due process and/or fair procedure by Judge Connellan on November 10th by not inquiring if he was aware of the hearing.
Judge Connellan jailed him for three months and disqualified him from driving for 12 months, but Mr Carpenter said he was unaware of the hearing and the first time he became aware of it was when he received notification of his disqualification.
Mr Costelloe said that when Mr Carpenter went to Bray Garda station on November 16th to inquire about the matter, he was arrested on foot of the prison sentence committal order, held in the station overnight and lodged the following morning in Wheatfield Prison.
Mr Carpenter also claimed in the affidavit that he was insured to drive the vehicle on the date of the alleged offence, August 2nd, 2005.
Mr Costelloe first made an application under Article 40 of Bunreacht na hÉireann for an inquiry into what he said was the unlawful detention of Mr Carpenter, who was seeking a quashing of Judge Connellan's orders against him.
Mr Justice O'Neill directed that Mr Carpenter be brought before him yesterday and he was told it had been agreed that the proceedings should be converted to a judicial review of his detention.
The judge agreed that Mr Carpenter should be released on his own bail of €100 on condition that he reside at Milltown, Laragh Hill, Mullingar and that the review would be initiated within 10 days.