Judgment: 2007-06-29 · Court archive

High Court refuses release bid after finding driver knew of hearing date

The court held that a man convicted and sentenced in his absence had been given a reasonable opportunity to attend after a garda notified him of the adjourned hearing.

The High Court · [2007] IEHC 294

Who, what, where, when and why

Who
  • Paul Callaghan (Applicant)
  • Michael Peart (Judge)
  • Garda McCann
What

The court held that a man convicted and sentenced in his absence had been given a reasonable opportunity to attend after a garda notified him of the adjourned hearing.

Where

Places mentioned in the report

  • Mountjoy Prison
When

Judgment:

Other dates in the report
  • 2 April 2007

    The judgment, delivered by Mr Justice Michael Peart on 29 June 2007, concerned an application under Article 40.4.2 of the Constitution. Callaghan had been summoned over alleged motoring offences, including driving without insurance, and was due before the District Court on 2 April 2007. The summonses had been served by letterbox at the address stated on them. He did not attend.

Why

Reasons reported in the judgment

The High Court refused an application by Paul Callaghan for release from Mountjoy Prison, finding that his detention was lawful after he was convicted and sentenced in his absence on motoring summonses.

The High Court refused an application by Paul Callaghan for release from Mountjoy Prison, finding that his detention was lawful after he was convicted and sentenced in his absence on motoring summonses.

The judgment, delivered by Mr Justice Michael Peart on 29 June 2007, concerned an application under Article 40.4.2 of the Constitution. Callaghan had been summoned over alleged motoring offences, including driving without insurance, and was due before the District Court on 2 April 2007. The summonses had been served by letterbox at the address stated on them. He did not attend.

According to evidence from prosecuting garda McCann, the District Judge adjourned the case to 4 May so Callaghan could be notified. McCann said he went to Callaghan’s home on 28 April and told Callaghan’s mother the new date and time. He said Callaghan walked past the open hall door and remained behind it while the conversation took place. McCann had not spoken directly to Callaghan, but said he believed Callaghan was present and heard the information. He left a card with the hearing details.

At the 4 May hearing, McCann told the District Judge that Callaghan had been cautioned in person. The judge declined to issue a bench warrant and proceeded with the case in Callaghan’s absence. He was convicted and given three months’ imprisonment on the driving-without-insurance summonses, and disqualified from driving for seven years. Other summonses were taken into account. Evidence was also given of nine previous convictions, including three earlier convictions for driving without insurance.

Callaghan’s counsel argued that the judge should have secured his attendance before sentencing, relying on the earlier decision in *Brennan v. Windle*. The High Court distinguished that case, where there had been no actual notice of the summonses and the District Court had proceeded without an adjournment.

Justice Peart accepted McCann’s evidence and found that Callaghan had been behind the door, heard what was said and knew the adjourned hearing date. The judge was therefore not misinformed by the garda’s account, the court held. In the High Court’s view, the District Judge had taken reasonable steps to give Callaghan the opportunity to attend. The judgment said a bench warrant was not required to bring him to court when he was not under an obligation to attend and had chosen not to do so.

The court concluded that the detention was lawful and refused the release application. It did not set aside the District Court convictions or sentence in this proceeding.

Read the original court judgment

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