Confusion in court over whereabouts of McFeely ahead of stay application

A FIVE-JUDGE Supreme Court sat a number of times yesterday afternoon as confusion reigned over the whereabouts and status of developer Thomas McFeely after the High Court ordered his imprisonment.

The Chief Justice, Mrs Justice Susan Denham, and other members of the court also sought clarification about what they described as the “extraordinary” position of Dublin City Council which sought the order committing Mr McFeely to prison yesterday morning but which, hours later, chose not to participate in the application for a stay on that committal order.

The court first sat at 3.45pm to hear the application for a stay on the order, made just after 1pm by the president of the High Court, Mr Justice Nicholas Kearns. The judge had directed Mr McFeely to remain in the court environs until 4pm when, it appeared, the order for his committal to prison was to come into effect.

At 3.45pm, Frank Crean, for Mr McFeely, said the legal documents concerning the stay application had been served on the council which had indicated it would not be participating. The court asked to hear from Mr McFeely’s solicitor, John O’Connor, on that issue who said he had informed the council’s solicitor Lorcan Brogan of the stay application and Mr Brogan said the council would not be participating.

The Chief Justice, giving the court’s decision, said Mr McFeely had a right of appeal and the court would grant the stay pending the hearing of Mr McFeely’s appeal against the committal and fine orders.

The court then queried where Mr McFeely was and his counsel Martin Hayden SC said he believed he was in custody in the Bridewell having gone with gardaí voluntarily sometime after 1pm. Issues then arose as to the status and whereabouts of Mr McFeely with the court saying it was a serious and “astonishing” matter if he was in custody before 4pm.

The Chief Justice said the gardaí must explain the situation and Mr McFeely must be produced. The court adjourned to allow that happen but, when it sat again about 15 minutes later, Mr Hayden said his solicitor had gone to the Bridewell and was told Mr McFeely remained in custody and could not leave.

The Chief Justice ordered Mr McFeely be produced “forthwith” but, when the court sat again 10 minutes later, Mr O’Connor said there was confusion among gardaí but he believed Mr McFeely was being brought to court. The court sat again a few minutes later when a garda from the Bridewell attended alone and said he was instructed there was an order for the committal of Mr McFeely.

The Chief Justice said the Supreme Court had ordered Mr McFeely’s release and Mr Justice Murray said it was very serious if Mr McFeely was still in custody. The garda was directed to inform his sergeant of the court’s order and, minutes later, Mr McFeely was produced.