Judge John Neilan was yesterday back hearing drink-driving cases despite a promise not to hear any for six months, and he did not put anyone in jail for seven days, as he had threatened.
In what appears to be a U-turn by the judge, he fined one man €750 and banned him from driving for two years. He did not remand him in custody for seven days and he did not hand down a jail sentence.
However, the controversy over the drink-drive cases may not be over yet, as Judge Neilan has called on the Minister for Justice, Mr McDowell, to apologise to him for recent comments.
He said Mr McDowell should make "a public, remorseful, contrite and unreserved" apology after his comments that the judge's plans were "unlawful and unconstitutional." Judge Neilan has spoken publicly of his dissatisfaction at what he saw as Mr McDowell's interference in the workings of the judiciary. He accused Mr McDowell of attempting to bully, intimidate and humiliate him.
The 66-year-old man who came in front of Judge Neilan yesterday was single and lived with his 92-year-old mother. The drink-driving offence occurred when the accused was coming from a funeral.
Judge Neilan said it was never his intention to clog up the courts or to hold up cases like this. He said he intended to hear drink- driving cases on special court days, and was adamant that he is fully up to date in hearing cases in his district.
The first signs that Judge Neilan was not pressing ahead with his controversial plans came in an interview with the Roscommon Champion on Tuesday, when he indicated that he had never intended to jail all drunk- drivers.
Rather, he would first seek a community service report to see if drunk drivers were suitable for community service work.
He also indicated that he was reconsidering his six-month moratorium on these cases.