Courts / Kildare / Report
Jailed farmer fails to secure early release
Summary
Paul O'Shea, a farmer from Davidstown, Castledermot, Co Kildare, was jailed for 100 days after being found in contempt of court for failing to hand over vacant possession of farm buildings to a bank‑appointed receiver. He sought early release by challenging Rule 59 of the Irish Prison Rules, arguing it was unconstitutional and breached his rights under the European Convention of Human Rights because it barred remission for contempt sentences. The High Court, led by Justice Paul McDermott, rejected the challenge, stating the State may exclude certain categories, including those jailed for contempt, from remission. Rule 59 was upheld as "reasoned and rational" and not discriminatory. Consequently, O'Shea will remain in custody at Shelton Abbey Prison until the end of his 100‑day term, which was imposed by Justice Paul Gilligan in July for his serious and flagrant contempt of court orders. He had previously spent 15 days in jail for a related contempt order.
Who, what, where, when and why
What: Report matter: Jailed farmer fails to secure early release. Procedural stage: sentence
When:
- 2015-10-19 Publication
Why: In proceedings before the High Court, Mr O'Shea's lawyers argued rule 59 of the Irish Prison Rules was unconstitutional and breached Mr O'Shea's rights under the European Convention of Human Rights because it precludes anyone serving a sentence for contempt from getting remission. CNI source report
Case subjects
Applicant
Outcome: Mr O'Shea, currently serving his sentence at Shelton Abbey Prison, was jailed arising out of civil proceedings before a civil court. The 100 day term was the second time Mr O'Shea was jailed for failing to comply with High Court orders.
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