A Co Mayo man charged with murder was freed by the High Court yesterday afternoon because it decided he was being unlawfully detained under an expired warrant. Mr McIntyre (45), of Creggane, Ballcroy, is charged with the murder of Mr Michael Waters, at Phibsborough Road, Dublin, on April 9th last year. He had been detained in Mountjoy Prison.
Granting an application for Mr McIntyre's release, Mr Justice Kinlen said the warrant of October 9th, 1999, under which the man was detained, stated he was to be sent forward for trial "to the present sittings of the Central Criminal Court". Those sittings ended on December 21st. Ms Marie Torrens, for Mr McIntyre, had applied earlier this week for his release on the grounds of unlawful detention. The judge had directed that Mr McIntyre be brought before the court and that the DPP or Chief State Solicitor be notified.
Mr Justice Kinlen said that because the courts "jealously guarded the liberty of the individual" he had arranged for Mr McIntyre to be brought before him on Tuesday. He had been aware of an industrial dispute in the Chief State Solicitor's offices and that the time being given was very short.
In the circumstances, he had pointed out that the Central Criminal Court might have dealt with this matter and that, usually, when cases were not reached, they were "called over" to the next sittings. He had adjourned the matter until yesterday so that it could be investigated. It had transpired that Mr McIntyre's case had not been listed as it should have been and had not been adjourned.
In the circumstances, the judge said he had no hesitation in holding that the warrant was "spent" and that Mr McIntyre was no longer in lawful custody.
Mr Justice Kinlen said counsel for the DPP had urged that the court should continue to remand Mr McIntyre in custody until his trial came before the Central Criminal Court, but that appeared to be a matter which would require a separate application to the court.
Earlier, Mr Anthony Collins, for the DPP, said Mr Justice Kinlen had jurisdiction to remand Mr McIntyre in custody. He argued the prisoner's return for trial before the Central Criminal Court was valid and remained in force.