A circuit Court judge had neither a "scintilla of evidence" nor a legal basis for jailing a Co Galway man last year for contempt of court, the High Court ruled yesterday.
The man, Mr Eugene Curtis, of Kiltulla, Athenry, was brought to hospital from Castlerea prison with a suspected heart condition.
Mr Justice Kelly said Circuit Court Judge Harvey Kenny had jailed Mr Curtis for "an alleged but unspecified" contempt of court. There was not the slightest semblance of a legal basis for the committal to prison of Mr Curtis on March 23rd last year, he said.
"Bizarre" was no misdescription of the case, he added.
The judge referred to an "extraordinary" incident at the hearing before Judge Kenny when a barrister stood up and produced a £1,000 cheque which apparently had been dishonoured and was drawn on Mr Curtis in favour of a Galway city solicitor, Mr Patrick Lynch.
The cheque related to a matter quite separate and distinct from the civil action being heard.
Mr Justice Kelly awarded Mr Curtis his costs of his legal challenge to Judge Kenny's order. The costs are against Mr Curtis's former employer, Mr John Joe Higgins, c/o Michael McDarby and Co, solicitors, Ballinrobe, Co Mayo, and against a Galway city solicitor, Mr Patrick Lynch of Lynch and Co, of Abbey Gate Street.
Mr Justice Kelly said the procedure by which Mr Lynch was permitted to appear in court represented by counsel and to make a complaint concerning a dishonoured cheque was one not known to law. The orders finding Mr Curtis in contempt of court and committing him to prison could not stand.