The High Court ordered the immediate release of William Ryan from Cloverhill Prison after ruling that the warrant authorising his detention had expired.
Mr Justice Michael Peart held that Mr Ryan could not continue to be detained on a District Court committal warrant after the Circuit Criminal Court sitting to which he had been sent forward for trial ended without him being brought before that court.
Mr Ryan had been arrested and charged on 19 January 2009 with three offences. Bail was refused in the District Court but granted by the High Court on 26 January on conditions he had not been able to meet.
On 12 March, the District Court sent him forward in custody for trial to the “present sitting” of the Circuit Criminal Court for Dublin City and County. The relevant sitting ended on 3 April 2009. Mr Ryan had not been brought before the Circuit Court by then.
Evidence showed that his signed return-for-trial papers were sent to the County Registrar's office on 16 March with those of a co-accused. The co-accused's papers had not been signed. Both sets were returned to the District Court office, contributing to the failure to bring Mr Ryan before the Circuit Court in time.
The High Court rejected an earlier argument that Mr Ryan's own return-for-trial order had not been properly signed. It had been signed before transmission.
The remaining issue was whether his committal warrant still authorised detention after 3 April. Mr Justice Peart relied on an earlier Supreme Court decision concerning Paul Singer. He held that a committal warrant tied to a specified court sitting could not authorise indefinite detention after that sitting had passed.
The judge stressed that he was not deciding whether Mr Ryan's underlying return for trial remained valid. His ruling concerned only the legal authority for his continued detention.
Finding that the committal warrant was spent, the court directed Mr Ryan's immediate release.