A Co Mayo man charged with murder has applied to the High Court for his release on the grounds that he is unlawfully detained on an expired warrant.
Mr Anthony McIntyre (45), of Creggane, Ballycroy, Co Mayo, is charged with the murder of Mr Michael Waters at Phibsborough Road, Dublin, on April 9th last. He is being held in Mountjoy Prison.
Mr McIntyre was before the High Court yesterday on a habeas corpus order made by the judge the previous day.
Ms Marie Torrens, for Mr McIntyre, said that under a warrant dated October 8th last he was returned for trial to the "present" sittings of the Central Criminal Court. The case was not reached when those sittings ended on December 21st and the case was not adjourned to the current law term.
In those circumstances, she contended Mr McIntyre was unlawfully detained on the basis of an expired warrant and must be released. She said there were Supreme Court decisions in similar cases which supported her argument.
Mr Justice Kinlen said he understood there was a practice where there was a call-over on the last day of the court term of all outstanding cases which had not been reached, and that such cases were all adjourned to the next court term. He understood there would be a court order to that effect.
Ms Torrens said she understood the only order on which her client was detained was the warrant referred to, now expired.
The judge said if the State could not produce a court order to the effect that all outstanding cases at the end of the last law term had been adjourned to the present term the only answer to the application by Mr McIntyre might be to release him. This was not to say that Mr McIntyre might not be re-arrested and recharged, he added.
However, the judge said, he was aware that there was an industrial dispute in the Chief State Solicitor's office and the State became aware of the matter only yesterday when counsel was briefed just minutes before the case began.
The judge noted that Ms Torrens had properly said earlier in the day that she would not proceed in the absence of the State.
In those circumstances, he would, with reluctance, adjourn the case until today so that the State could establish whether Mr McIntyre had been properly dealt with.