A man who claims he spent a "horrific" eight days in prison because he was mistaken for another person has sued the State for damages in the High Court.
Patrick Kelly, a part-time barber, Letterkenny, Co Donegal, claims he was taken to Mountjoy Prison in Dublin and spent several days there and in Loughan House Prison in Co Cavan before it was discovered that the warrant used to arrest him related to another man of the same name from another part of Letterkenny.
He has brought an action for damages for false imprisonment against Denis Fitzpatrick, chief superintendent of the Donegal Garda division; John O'Brien, governor of Loughan House prison; the Minister for Justice, Ireland and the Attorney General.
Patrick Keane SC told Mr Justice Éamon de Valera and a jury that Mr Kelly, a father of two, was fined £350 in 1997, one relating to a public order offence and the second to a road traffic offence. If Mr Kelly failed to pay the fines, he was to serve 20 days in prison.
On December 28th, 1998, gardaí arrested him for alleged failure to pay the fines and took him to Letterkenny Garda station. They told him he would have to pay £450 for the fines. He asked to see the warrants because he believed he did not owe that much but they refused to show him the warrants, Mr Keane said.
Relatives of Mr Kelly arrived at the station with £250 and Mr Kelly had £114 himself but it was not enough to meet the fine and he was driven to Mountjoy.
His experience in Mountjoy was "pretty horrific" because of the number of heroin addicts there, Mr Keane added. Mr Kelly protested about the conditions and was transferred a few days later to Loughan House.
The State denies the claims and says Mr Kelly was dealt with in accordance with regulations.