A JUDGE has demanded an explanation from the prison authorities of a man's release from custody without the permission of Dublin Circuit Criminal Court. The man had been remanded in custody for sentence on a kidnap charge.
Judge Cyril Kelly also issued a bench warrant for the arrest of the defendant, Mark Brennan (22,) of Champions Avenue, Dublin, who failed to appear for sentence and who, he was told, was unlawfully at large.
"It makes the court's work futile if defendants are remanded in custody for sentence and then it is discovered they are allowed out of custody, for some unknown reason", said Judge Kelly.
"I want an explanation of why this defendant was allowed out without the court's authority", he added.
Two other co accused, who also pleaded guilty to falsely imprisoning the residents of a city centre flat during a heroin smoking session, were each jailed for three years. Their sentences are to be reviewed on May 8th, 1997.
They are James Brady (23), Matt Talbot Court, and Christopher Conlon (23), Sean MacDermott Street, both Dublin.
All three pleaded guilty to the false imprisonment of three people in a flat on Marlborough Street on June 4th, 1995, and stealing £1,000 in money, jewellery and musical equipment.
Brady and Conlon further admitted stealing £1 each from two youths, and clothes and a watch from a third victim at the Irish Life Mall on June 3rd, 1995. The victims were threatened with an alleged AIDS contaminated syringe.
Del Garda Michael Cryan said a security video filmed the defendants walking behind their victims but did not show the robbery.
Brady pleaded guilty to robbing victims in laneways off O'Connell Street and Talbot Street on August 12th and October 29th 1995, and Conlon admitted stealing money, jeans and runners from a youth at North Lotts near Abbey Street on June 20th, 1995.
Det Gardai Sean McAvinchey and Brendan Carroll said the victims were approached by the defendants and forced into the laneways, where they were robbed.
Victims told of being threatened with syringes or of being pricked in the side by a sharp object.
All the robbery charges were taken into consideration in the sentences on Brady and Conlon.
Dealing with the false imprisonment charge at the original hearing, Det Sgt Walter O'Connell told prosecuting counsel, Mr Adrian Mannering, that the three had been admitted twice to the flat that evening by the residents, who joined them in smoking heroin.
Brady suddenly produced a knife and held it to the back of a female. The three residents were forced into a bedroom, where a duvet was put over them. The defendants ransacked the flat and left with the cash and property.
Del Sgt O'Connell said the crime was not reported to gardai for two days because the injured parties did not want to admit they had smoked heroin. At first they claimed the defendants had followed them into the building, but they later admitted they had invited them in.
Brady told his counsel, Mr Luigi Rea, that he was off drugs in, Mountjoy, where he had applied for treatment. He now realised the seriousness of his crimes.
Mr Gerry O'Brien, defending, said Conlon started on drugs by taking ecstasy at raves. His sister then introduced him to harder drugs. He was now serving a sentence in Portlaoise Prison.