A JUDGE has criticised the Department of Justice for what he claimed was an "outrageous" attempt to interfere with a sentence he imposed on a Limerick man for a violent sex assault.
The case was mentioned in the Central Criminal Court yesterday to allow Mr Justice Lavan to clarify the order he had made on June 18th, 1993.
The judge said he had sentenced a farm labourer, Michael O'Brien, to 10 years' imprisonment, suspended the final six years and ordered that O'Brien serve four years in custody.
He said he was aware that a letter about his sentence had been sent by the Department of Justice to Limerick Prison where O'Brien is being held. He was also told the governor of Limerick Prison was considering an early release date for O'Brien.
Mr Justice Lavan described the Department's conduct as "outrageous", saying the letter was an attempt to "amend" his order. No prison governor or anyone else could interfere with his sentence, he said.
"A civil servant is obliged to obey the law. My order is clear. There should not be confusion about it. I directed this man should serve four years in custody."
O'Brien, of Prospect, Oola, Co Limerick, pleaded guilty at the Central Criminal Court to burglary of a 61 year old woman's house and committing aggravated sexual assault on her on June 22nd, 1992.
The court had been told that O'Brien broke into the woman's house at 2 a.m. and demanded money. He told gardai he became excited because she was wearing a night dress, and interfered with her sexually before falling asleep.