THE GOVERNOR of Mountjoy Prison has purged an order by a District Court judge, which held him in contempt for failing to have a prisoner produced in court.
Edward Whelan forwarded a letter yesterday containing what Judge Seán MacBride described as a “profuse apology” to a sitting of Monaghan District Court .
Judge MacBride said at a hearing last week he was holding the governor in “contempt” over his failure to comply with a body warrant issued for the prisoner’s appearance.
Judge MacBride made the pronouncement from the bench last week after being told that a man from Co Dublin was not in court to answer charges, including the alleged theft of fuel from a filling station in Monaghan town last October.
Judge MacBride said he had issued the body warrant to Mountjoy Prison for the appearance of Christopher O’Reilly (26), Dun Emer Gardens, Lusk, after he was told that O’Reilly had recently begun a sentence at the prison in respect of a separate offence.
He was charged with stealing fuel worth €24.71 from Connolly’s Texaco filling station, Mall Road, Monaghan, on November 20th, 2011.
Judge MacBride had said he was taking a “very serious view” of the matter and making an order to hold Mr Whelan in contempt of court. He said he was directing that Mr Whelan should present himself at yesterday’s sitting of the District Court in Monaghan.
When the case was called yesterday, Judge MacBride said he had received a letter from Mr Whelan, in which he profusely apologised for the non-appearance of the prisoner. The governor, he said, had also pointed out to him in the communication that it was not Mr Whelan’s fault personally that the prisoner was not brought to the court.
Judge MacBride then read out the contents of the letter. In it, the governor said that although the body warrant was received by the prison in time, the failure of the prisoner to appear was the result of an administrative error. He also said new procedures were now in place to ensure a similar situation would not recur.
Judge MacBride said he fully accepted the “profuse apology” received from Mr Whelan, whom he said had clarified that he was not personally involved in what happened and had now dealt with the matter in a most courteous manner.
John Paul Browne, who was appearing for O’Reilly, said the prisoner was in court and was entering a guilty plea. Upon hearing O’Reilly is not due for release until 2014, the judge marked the charges taken into account.