A judge has threatened to have the governor of Mountjoy Prison tried for contempt after hearing a prisoner was granted early release despite a specific court order in the case. Judge Gerard Haughton ordered Mr John Lonergan to appear in Dublin District Court today to see whether a date should be set for his trial.
The judge made the order after hearing a female prisoner had been granted temporary release after receiving an 11-month sentence last April although he had set yesterday as a review date for her sentence.
Prisoners are required to be held in prison until their review date, at which time the court may decide to suspend the remainder of the term.
Judge Haughton has regularly used this order with repeat offenders as a way of ensuring they serve a definite portion of their sentence, because of the large number of early releases. Elaine Driscoll (22), of Champions Avenue, Dublin, received her 11-month sentence on April 10th for larceny at St Stephen's Green Centre on March 12th and yesterday was set as a review date.
Judge Haughton ordered the governor to attend court today after being told by Garda Noel Sweeney that the woman had been granted temporary release and could not be brought before the court.
The judge said: "This is a woman with a string of previous convictions and a review date was set on this date. The governor has failed to produce her". Judge Haughton has frequently made the headlines with his criticism of the "revolving door" prison system.
He once said offenders were giving the "Harvey Smith sign" to the courts by refusing to take the option of community service or compensation payments, knowing they would serve very little time in jail. This was after hearing how a woman received early release eight times over a 15-month period. She had received sentences ranging from six months to a year but served an average of just 19 days in jail for each sentence.
"The accused is effectively saying to the judge `sentence me because I know the sentence will not be served'. They don't want any other penalty imposed," he said at the time.
On a previous occasion, faced with sentencing a female shoplifter who was back offending 20 days after receiving a nine-month sentence he declined to pass any sentence at all, saying there was no point. "If I make no order, no one can flout it," he said.
The judge has also said that victims of criminals on temporary release could sue the State after hearing how a drug addict carried out 15 burglaries within weeks of being let out early.
He has also called for the setting up of secure detention centres where drug addicts who consistently refuse treatment can be sent by the courts for compulsory detoxification.