The High Court has refused an application challenging Sandra Maguire’s detention under Article 40.4.2 of the Constitution. Mr Justice Eagar ruled on 30 June 2016 that the Circuit Court could strike out her appeal and affirm the District Court sentence after she failed to attend the appeal hearing.
Maguire had been sentenced to three months in prison for stealing clothing valued at €23.50. She appealed, and the appeal was treated as being against sentence only. On 11 January 2016, her counsel attended but she did not. Counsel said he had no instructions about her whereabouts and sought an adjournment. The Circuit Court judge refused it, struck out the appeal and affirmed the District Court order. No evidence about the offence or Maguire’s circumstances was presented at that hearing.
Maguire was in hospital that day. A medical certificate before the High Court said she had been admitted to Connolly Hospital on 6 January and was expected to be discharged on 17 February. Her solicitor also said the committal warrant incorrectly described the Circuit Court proceeding as a hearing of the appeal.
For Maguire, counsel argued that a District Court appeal required a hearing, even if it concerned sentence only, and that the Circuit Court could not simply affirm the earlier sentence without considering the case. He also argued that the warrant was defective because it did not record consideration of community service as an alternative to custody.
The Director of Public Prosecutions’ counsel argued that an appellant had to diligently pursue an appeal and that striking it out for non-attendance was established practice. The Irish Prison Service also argued that the appellant was responsible for prosecuting the appeal.
The High Court accepted that a District Court appeal, when heard, is a de novo hearing. But it distinguished that from a case where the appellant does not attend and is not prepared to prosecute the appeal. Having regard to the recognizance and the Bail Act provisions, the court held the Circuit Court was entitled to strike out the appeal and affirm the sentence.
The judge also held that the absence of a reference to community service consideration did not affect the warrant’s legality. He noted that Maguire’s solicitor could explain her hospitalisation to the Governor of the Dóchas Centre, who might take a compassionate view. The High Court refused relief under Article 40.4.2; it did not quash the Circuit Court order or make an order releasing her.