Gardaí in Kerry have been ordered to produce the governor of Cork Prison before Tralee District Court today to explain why a man sentenced to three months in prison last week "for a crime of violence" was allegedly released after serving only two days.
Judge Terence Finn, at Killarney District Court, said he had been of the understanding that it was the Minister for Justice and Law Reform who could order the early release of such a prisoner, and not a prison governor.
David Courtney (41) of Lissavane West, Milltown, Co Kerry was convicted of breach of a safety order against his mother Mary Courtney, at last Thursday's sitting of Castleisland District Court. Judge Finn sentenced him to three months for the offence.
Courtney was due before the courts on another matter, and arrangements were being made for his transfer from prison to appear in court.
However, Insp Michael O'Donovan said he had been informed that Courtney had been released from Cork prison on Saturday.
The convicted man's solicitor was not aware his client had been released, said acting solicitor Pat F O'Connor.
"By whose authority was he released? On what grounds?" Judge Finn asked Insp O'Donovan.
"There isn't an open-door policy operating," the judge said. "You might wish to have the governor of Cork Prison in a position to explain matters," he ordered.
Judge Finn demanded an explanation for the convicted man's early release on a crime of violence.
He asked for the reasons to be presented to him at Tralee District Court today.
Insp O'Donovan indicated he was making arrangements to contact the governor of Cork Prison with a view to having him before the court today.