A HIGH Court judge has refused to imprison an accused man awaiting trial on a robbery charge merely because the State felt he might reoffend.
Mr Justice Paul Carney was considering an application for bail by Mr Roberto Minotti, an Italian wine importer. He held that the court had no power in law to order the preventive detention of Mr Minotti.
Mr Minotti, of Mullicha, Donard, Co Wicklow, is charged with the larceny of £15,000 from fellow Italian Mr Claudio Tamburrini in the lobby of the Gresham Hotel, Dublin, on July 25th last.
Det Gda Con Houlihan told State counsel, Mr Michael P. O'Higgins, that he was opposed to bail on the grounds that Mr Minotti would interfere with Mr Tamburrini. Mr Tamburrini said Mr Minotti had phoned him and threatened to "bash" him if he went to the police.
"I am down a lot of money. I am frightened but I am definitely going to give evidence at the trial," Mr Tamburrini told Mr Justice Carney.
Mr Minotti told his counsel, Ms Isobel Kennedy, that he had been working and living in Ireland for the past 12 years and denied having made the threatening call or having anyone make it on his behalf. He was going to face the charge.
Mr Justice Carney said he was satisfied that Mr Minotti had a substantial connection with the jurisdiction and was to be treated on the same footing as an Irish citizen.
Having regard to his European Union citizenship, exception could not be taken to his frequent visits to Italy.
He said bail had been opposed on the basis that he would not stand trial. But there had been no specific evidential foundation before the court in support of it.
On the more substantial ground that he would intimidate witnesses, it had been alleged that he had made a telephone call to the injured party threatening him.
But this had been disputed.
Mr Justice Carney said Det Gda Houlihan had fairly stated that his real concern was to prevent Mr Minotti committing violence to Mr Tamburrini.
"The reality of this case is that the State is seeking preventive detention. I have in 1995 and again earlier this year, as a judge of the Central Criminal Court, extensively reviewed the law since the foundation of the State in relation to preventive detention."
He said that in one of those cases he had concluded that the accused had a propensity to reoffend, and in that ease reoffending meant killing. However, his review of the law on the matter led him to the conclusion that he had no power to prevent that.
As was stated by Mr Justice Hederman in the Court of Criminal Appeal in April 1993, the court was satisfied that preventive detention was not known to the Irish judicial system and there was no form of preventive detention.
"I am satisfied the applicant is entitled to bail as a matter of right and order he be released on his own bail of £1,000 together with a cash lodgment of £5,000," Mr Justice Carney said.
He granted bail on the undertaking that Mr Minotti did not approach or communicate with Mr Tariburrini. In the event of any breach of the terms of bail, Mr Minotti was to be brought before him.