The High Court has set aside a 13-day prison sentence imposed on Eileen Gunning and restored an earlier order committing her to prison until she purges her contempt by agreeing to leave a property in Wicklow.
In a decision delivered on 12 August 2014, Mr Justice Hedigan said the only issue on appeal was whether a court could make a coercive committal order providing for indefinite detention. He held that it could, where a person wilfully refused to comply with a court order.
The dispute followed a final possession order affirmed by Mr Justice Murphy on 26 February 2009. Ms Gunning later sought to set that judgment aside on grounds of fraud. Mr Justice Hogan refused that application on 28 February 2012. An appeal from that judgment was struck out by the Supreme Court in June 2013 after appeal books were not filed within the required three weeks.
On 24 October 2013, Judge Mahon ordered Ms Gunning committed for contempt after she failed to comply with the Circuit Court order. The committal was to continue until she purged the contempt, which she could do by agreeing to vacate the property.
The matter was later heard by Judge Griffin in Wicklow in February 2014. He imposed a further 13 days in prison for Ms Gunning’s failure to purge her contempt. Mr Justice Hedigan said that fixed term should not have replaced Judge Mahon’s coercive order, as Ms Gunning had not purged her contempt.
The High Court set aside the Circuit Court order made on 21 February 2014 and affirmed Judge Mahon’s order of 24 October 2013. It directed that Ms Gunning be committed to prison forthwith under that order.
Mr Justice Hedigan said indefinite detention should be subject to judicial oversight. He directed that the Circuit Court proceedings be adjourned to a date to be fixed by the Wicklow County Registrar, as soon as practicable after three months from 12 August 2014. If possible, the matter should be listed before Judge Mahon. The judgment does not state what happened at any later review.