A Romanian national who had argued he was in unlawful detention arising from the handling of his case by Dublin District Court Judge Desmond Windle was freed on bail by the High Court yesterday.
Mr Danny Bacadanu (34), who is charged with a breach of the Aliens Act and with shoplifting, had been held in Cloverhill Prison, Co Dublin, since February 21st last. He was released by Mr Justice Quirke yesterday on his own bail of €9.
His case had been before Judge Windle on three occasions and that judge's handling of the case and remarks he made about Mr Bacadanu's solicitors, Terence Lyons and Company, led earlier this week to High Court proceedings.
Mr Justice Quirke has granted Mr Bacadanu leave to seek orders, in judicial review proceedings, quashing the alleged refusal of Judge Windle to hear "and/or fairly determine" applications for legal aid and bail made by Mr Lyons and employees of Mr Lyons's firm to Judge Windle on February 22nd, February 25th and March 4th last.
In an affidavit, Mr Lyons claimed Judge Windle had failed on three occasions to fairly hear and determine Mr Bacadanu's application for bail and legal aid and had exceeded his jurisdiction in directing inquiries into how solicitors were allocated by gardaí to non-English speaking litigants.
When Mr Bacadanu's case was last before Judge Windle on Tuesday, Mr Lyons claimed the judge accused him (Mr Lyons) of "sliming around the court" and had said he was inquiring into possible "touting" by Mr Lyons.
At the High Court on Wednesday, Mr Justice Quirke directed an inquiry under Article 40 of the Constitution into the lawfulness of Mr Bacadanu's detention.
When the matter again came before Mr Justice Quirke yesterday, Mr Kerida Naidoo, for the DPP, said he was taking instructions from the DPP which might resolve the Article 40 issue.
Mr Sean Gillane, for Mr Bacadanu, asked the court to admit his client to bail so he could be brought to the office of the Refugee Applications Commissioner.
Mr Naidoo said the warrant which detained Mr Bacadanu was good "on its face".
Mr Justice Quirke said the warrant showed Mr Bacadanu was in lawful detention but these were not the circumstances outlined to him on Tuesday.
He had been told Mr Bacadanu was claiming he had been refused a fair hearing at the District Court regarding his bail application.
Mr Naidoo said he was not representing Judge Windle. The DPP was seeking to respond to the factual matters set out in Mr Lyons's affidavit and in those circumstances the judicial review proceedings were a more appropriate form to argue the issue of the legality of Mr Bacadanu's detention.
The Article 40 issue would then disappear, counsel said.
Mr Justice Quirke granted Mr Bacadanu his own bail on condition he be brought to the Refugee Centre so he might get an address which would be given to the relevant Garda station.
The judge also directed Mr Bacadanu to report daily to gardaí.