THE wrong man was sent to Mountjoy Prison even though he was previously identified by, a garda as not being the person originally arrested and charged, the High Court was told yesterday.
The innocent man, Mr Eric Monaghan, Berryfield Drive, Finglas South, Dublin, had been in prison for four nights since last Saturday on foot of a bench warrant.
Mr Justice Kinlen directed that as Mr Monaghan had clearly been wrongly detained he be released immediately. He said he was over concerned about the matter as the liberty of a citizen was very precious.
The judge was told yesterday that the State accepted that the wrong man was in prison and that Mr Monaghan was arrested in error.
Ms Fiona Brennan, solicitor for Mr Monaghan, said she believed another person may have used Mr Monaghan's name and address.
On July 8th, 1996, her firm, Michael J. Staines & Co, was assigned under the Legal Aid Scheme to represent a defendant named Mr Eric Monaghan. A representative from her office appeared in the District Court on July 22nd, 1996, but there was no appearance by the accused person.
The next day she posted a letter to Mr Eric Monaghan at the address indicated on the Legal Aid Certificate to inform him that a bench warrant had been issued.
Mr Monaghan, the applicant in yesterday's High Court case, attended her office on July 30th, 1996, in response to the letter. He informed them that he had no knowledge whatsoever of the court proceedings, nor of the bench warrant. He further stated that he had not been arrested and charged by Garda Kevin Doherty, the prosecuting garda.
Ms Brennan said she telephoned Garda Doherty and arranged that Mr Monaghan attend the Bridewell Garda station on July 31st, 1996, to clarify whether he was the person who had been arrested and charged. The meeting took place.
She believed that Garda Doherty informed Mr Monaghan that he was not the person he arrested, that the charge would therefore be struck out and that Mr Monaghan had "no need to worry".
She heard nothing further about the matter until last Monday, April 7th, when it came to her attention that Mr Monaghan was in Mountjoy Prison and had been there since April 5th on foot of a bench warrant.
On his arrest, Mr Monaghan, was charged with failure to attend court on July 22nd 1996. He was remanded in custody to appear tomorrow.
She went to Mountjoy Prison last Monday and spoke to Mr Monaghan. He informed her of the conversation he had had with Garda Doherty at the Bridewell on July 31st. She tried to contact the garda but was informed he was working outside Dublin. She believed Mr Monaghan was not the person arrested and charged by Garda Doherty.
Yesterday Mr Justice Kinlen said that on Tuesday the matter had been brought to his attention and he directed that it be dealt with immediately. He was delighted that the Garda Commissioner and the governor of Mountjoy Prison had been able to clarify the situation.
Mr Monaghan was clearly wrongly detained and he would direct that he be released.