A High Court judge has overturned an order jailing a man for contempt after he allegedly used his redundancy money for his wedding to his new partner rather than pay maintenance for the three children from his previous relationship.
The District Court imposed the 60-day sentence on the man in October 2014 after he failed to pay €30 per week to his former partner and where arrears of around €5,600 had built up over the previous three years.
The man’s lawyers asked the District Court judge to fix recognisances pending appeal of the contempt sentence but it was refused. He challenged the decision in the High Court.
Ms Justice Iseult O’Malley on Friday quashed the order and remitted the case to the District Court for further consideration. She found the rules relating to criminal cases, on the right to appeal a court order, applied in this case.
In 2011, the former partner got an attachment order on his earnings from his job after the man allegedly failed to pay €150 per week as maintenance, the judge said.
Made redundant
In 2013 he was made redundant and received a large lump sum which he used to discharge his debts and pay for his wedding to his new partner, with whom he has a child.
Further proceedings by the former partner followed, and the payment was reduced to €30 per week, but there was also a dispute about how much he was paying.
In October last year, the District Court imposed the 60-day sentence for contempt and refused to fix recognisances for leave to appeal.
In judicial review proceedings, his lawyers argued, among other things, the contempt sentence was primarily punitive based on a finding the man had used his redundancy money to pay for his wedding rather than his maintenance arrears.
This case was governed by the District Court rules which, it has been found by the superior courts, create an absolute entitlement to have recognisances fixed for the purpose of an appeal, it was argued.
Ms Justice O’Malley said, where a judge decides to impose imprisonment for contempt by way of punishment, rather than as a coercive measure, it must be for a definite period, as in any criminal case.
This type of contempt cannot be subsequently purged as it is a punishment for misdeeds. It should also be remembered those serving contempt sentences do not enjoy remission for good behaviour or early release entitlements, she said.
It was appropriate here to apply the rules relating to appeals in criminal cases. “To hold otherwise would, potentially, nullify the right to appeal against a criminal conviction and sentence,” she said.