A Dublin man detained by gardaí in connection with their investigation into the murder of Donna Cleary in Coolock last Sunday was freed by the High Court last night after it ruled his detention was unlawful.
Mr Justice Iarfhlaith O'Neill ruled that when District Judge James McDonnell made an order at 11.20pm on Tuesday extending the detention of Jeffrey Finnegan (26), of Rathvilly Place, Finglas, Dublin, for another 24 hours, he did so unlawfully because Mr Finnegan's detention had actually expired at 10.55pm.
The courts have no power to extend a statutory period of detention unless there was specific legislative provision to that effect, the judge said.
Because there was no such legislation, and because the situation had not been saved by certain provisions of the Criminal Justice Act 1984 or the Criminal Justice Miscellaneous Provisions Act 1997, which the judge ruled did not apply to arrests under Section 30 of the Offences Against the State Act 1939, as amended by the Oasa (Amendment) Act, he must direct Mr Finnegan's release.
