The High Court yesterday overturned a District Court decision relating to a woman who was sentenced to 10 months' imprisonment for possession of forged £20 sterling notes, knowing them to be forged.
Ms Pearl Whitehead, an antiques dealer, of Downing, Kilworth, Co Cork, had appeared before Judge Michael Pattwell at Fermoy District Court in November 1998.
In the High Court yesterday, Mr Justice Geoghegan quashed the conviction and sentence after holding that the District Judge had not given Ms Whitehead the choice of having her case heard by him or tried on indictment before the Circuit Court. Mr John Hussey, solicitor for Ms Whitehead, said in an affidavit that Judge Pattwell had entered into a discussion to ascertain whether the matter was a minor offence fit to be tried in the District Court. At no stage did the District Judge ask Ms Whitehead if she wished to have the matter dealt with by him or tried in the Circuit Court.
Garda Supt William Hayes, in an affidavit, said his notes indicated that Judge Pattwell did offer Ms Whitehead the choice.
Mr Kevin Cross SC, for Ms Whitehead, said his client had been out on bail pending an appeal to the Circuit Court.
Mr Justice Geoghegan said he had come to the conclusion that the affidavit of the Garda Superintendent was not strong enough to negate the evidence of Mr Hussey.
Ms Whitehead was allowed bail pending a new hearing before another District Court judge.