A convicted murderer who has been in detention for almost 30 years yesterday applied to the High Court for an inquiry into the lawfulness of his detention at the Central Mental Hospital, Dundrum.
Laszlo Varga was arrested in Dublin following his escape from an English mental institution, his counsel, Mr David O'Neill, told the court. He had been convicted of murder in England in May 1968 and sentenced to life imprisonment. In 1972 the English home secretary directed that Varga be detained in a mental institution having been satisfied he was suffering from a mental disorder.
In February 1996, Varga left England while he was being detained at the Three Bridges Regional Secure Unit at Southall, Middlesex, counsel said. He was arrested in January 1997 at a residence on North Circular Road, Dublin, on foot of a warrant seeking his extradition to England.
In an affidavit, Mr Murrough O'Rourke, solicitor for Varga, said that on December 8th, 1997, a district judge ordered Varga's return to England. Varga was initially sent to Mountjoy Prison while awaiting extradition. Two doctors later certified that he was a person of unsound mind and he was transferred to the Central Mental Hospital. On December 18th, 1997, Varga began proceedings seeking his release. He claimed the English warrant sought to return him to a mental institution and not to a prison to undergo punishment for his offence.
Mr O'Rourke said his client had been detained in England 28 years, not because of the heinousness of his crime, but because of the belief of the English authorities regarding his mental health. The warrant expressly sought his extradition to an English mental institution.
Mr Justice Flood said Varga had escaped from lawful custody, was in this country illegally, was arrested and there was a valid warrant for his return.
The fact that he would be in a mental hospital did not, on the face of it, appear to take away from the effectiveness of the warrant.
Mr O'Neill said the form of detention Varga was serving when he escaped was not the form of detention to which he had been sentenced.
Mr Justice Flood said that effectively what the High Court was being asked to do was to release a man who appeared to have mental problems.
Mr O'Neill said that all he was asking for was an inquiry into the lawfulness of his client's detention. Varga was also taking proceedings under extradition legislation and both matters could be heard together.
Counsel said it appeared that a person who committed an offence of this nature would be released in England after 14 to 16 years but his client had served the best part of 30 years' detention.
Mr Justice Flood reserved judgment.