A DISTRICT Court judge has accused the Minister for Justice, Mrs Owen, of interfering with the courts system by stopping a garda from arresting a man wanted on a warrant.
Judge Michael Patwell said a letter written by the Minister concerning a dangerous driving case was an attack on the authority of judges.
The Minister was not available for comment last night but official sources rejected the judge's interpretation of her letter. They said he failed to take account of a High Court judgment about the petitions system, which allows the Minister to alter sentences when `petitioned by members of the public or TDs acting on behalf of constituents.
Judge Patwell, sitting in Cahir District Court yesterday, had been. asked by a Garda inspector to renew two warrants against a Tipperary man, John O'Meara, of St Finian's Avenue, Ardfinnan, who had been convicted on charges of dangerous driving and having no insurance.
The judge said Garda files showed that on April 10th, 1995, the Minister wrote to Ms Theresa Ahearn TD about the case. The letter said the case was "under repetition" (it had been unsuccessfully petitioned to the previous Minister) and added that the TD could confirm this to the Garda.
Judge Patwell said no Garda superintendent could ignore such a letter, and it had the effect of putting a stay of execution on the court order.
A spokesman for the Department of Justice said the letter predated the judgment in a High Court case taken by retired Judge Patrick Brennan. The judgment, issued on April 28th, 1995, said the petitions system was not unconstitutional, but added that Ministers should modify sentences only in the "rarest of circumstances".
Departmental sources said there was no suggestion in the letter on the O'Meara case that the Garda should not act on a warrant, nor did it indicate whether the petition would succeed.
Before the Brennan judgment Ministers received about 5,000 such letters a year, most concerning District Court cases. About, three-quarters of the petitions would lead to reduction of a fine, or an extension of the time allowed to pay it.