Courts / Dublin / Report
Prisoner collected social welfare, fathered child while on the run
Summary
The Court of Appeal has allowed the State's appeal, setting aside a High Court judgment that had declared the 2014 arrest of Mark Finnegan unlawful. Finnegan, a resident of Tallaght, was convicted in November 2008 of allowing himself to be carried in a mechanically propelled vehicle without the owner's consent. He was sentenced to 16 months' imprisonment on May 27, 2009. After serving two months in Wheatfield Prison, he was transferred to Shelton Abbey open prison, from which he escaped on October 31, 2009. He remained at large until his arrest in November 2014, during which time he collected social welfare and fathered a child. Mr Justice John Hedigan, writing for the court, stated that the delay in his recapture was attributable to a human error by authorities who failed to enter his absconding details into the Garda PULSE system, preventing nationwide notification. The judge described Finnegan's conduct as a "protracted evasion of justice" and "simply ignoring" his lawful sentence. The court found that the arrest and detention were in accordance with law, noting that the role of gardaí is to catch escapees and hand them to prison authorities. The appeal was allowed, and Finnegan faces a return to prison to complete his sentence. However, lawyers for the State undertook not to arrest him if his solicitor lodges a Supreme Court appeal.
Who, what, where, when and why
What: Report matter: Prisoner collected social welfare, fathered child while on the run. Procedural stage: sentence. Findings: Convicted
When:
- November 2008 Incident
- May 27, 2009 Incident
- October 31, 2009 Incident
- November 2014 Incident
- 2017-07-27 Publication
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; He was sentenced to 16 months imprisonment on May 27, 2009, the first two months of which were spent in Wheatfield prison at which point he was transferred to Shelton Abbey open prison. Mr Justice Hedigan said Finnegan's failure to report to the authorities constituted a lengthy period of "simply ignoring" the lawful sentence imposed on him and a "protracted evasion of justice".
Places mentioned
- Wheatfield prison
- The High Court
- High Court
- Supreme Court
Topics
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