A Romanian national who had argued he was in unlawful detention arising from the handling of his case by Dublin District Court has been freed on bail by the High Court.
Mr Danny Bacadanu (34) who is charged with a breach of the Aliens Act and with shoplifting, had been held in Cloverhill Prison, Co Dublin since February 21st last. He was released by Mr Justice Quirke on his own bail of €9.
His case had been before Judge Desmond Windle on three occasions and that judge's handling of the case and remarks he made about Mr Bacadanu's solicitors, Terence Lyons and Company, led earlier this week to High Court proceedings.
Mr Justice Quirke has granted Mr Bacadanu leave to seek orders, in judicial review proceedings, quashing the alleged refusal of Judge Windle to hear "and/or fairly determine" applications for legal aid and bail made by Mr Lyons and employees of Mr Lyons' firm to Judge Windle on February 22nd, February 25th and March 4th last.
In an affidavit, Mr Lyons claimed Judge Windle had failed on three occasions to fairly hear and determine Mr Bacadanu's application for bail and legal aid and had exceeded his jurisdiction in directing inquiries into how solicitors were allocated by gardai to non-English speaking litigants.
When Mr Bacadanu's case was last before Judge Windle on Tuesday, Mr Lyons claimed the Judge accused Mr Windle of "sliming around the court" and had said he was inquiring into possible "touting" by Mr Lyons.
At the High Court yesterday, Mr Justice Quirke directed an inquiry under Article 40 of the Constitution into the lawfulness of Mr Bacadanu's detention.
When the matter again came before Mr Justice Quirke today, Mr Kerida Naidoo said he was taking instructions from the DPP which might resolve the Article 40 issue. Mr Sean Gillane, for Mr Bacadanu, asked the court to admit his client to bail so that he could be brought to the office of the Refugee Applications Commissioner.
Mr Naidoo said the warrant which detained Mr Bacanadu was good "on its face". Mr Justice Quirke said the warrant showed Mr Bacandanu was in lawful detention but these were not the circumstances outlined to him on Tuesday. He had been told that Mr Bacandanu was claiming he had been refused a fair hearing the District Court regarding his bail application.
Mr Naidoo said he was not representing Judge Windle. The DPP was seeking to respond to the factual matters set out in Mr Lyons affidavit and in those circumstances the judicial review proceedings were a more appropriate form to argue the issue of the legality of Mr Bacadanu's detention. The Article 40 issue would then disappear, counsel said.
Mr Justice Quirke said that if did as the DPP proposed, he would be imposing conditions on Mr Bacadanu's liberty here. The judge said he wanted an assurance before doing so that the DPP would argue (in the judicial review proceedings) that Mr Bacadanu had been in lawful custody today.
Following an adjournment, Mr Naidoo said Mr Bacadanu's claim to have been illegally detained would be challenged fully.
Mr Justice Quirke granted Mr Bacadanu his own bail of €9 on condition he be brought to the Refugee Centre so he might get an address which would be given to the relevant garda station. The judge also directed Mr Bacadanu to report daily to gardaí.