A MAN who was jailed after failing to pay a debt was yesterday permitted to challenge a decision to imprison him a second time for breach of the payment order.
Mr William Heffernan of Cloney Bridge, Cloney, Athy, Co Kildare, was given permission by Mr Justice Quirke in the High Court to seek a judicial review of a decision of District Judge Mary Martin at Athy District Court on April 8th, 1997.
Mr Stephen Byrne, counsel for Mr Heffernan, said civil proceedings were brought in the District Court by ConIon Fuel Oils Ltd. The company was granted a decree for Pounds 1,500 and costs against Mr Heffernan in February 1995.
There was no appearance on behalf of Mr Heffernan when an instalment order was made against him for the full amount. ConIon Fuel sought Mr Heffernan's committal and he served 21 days in December 1995.
The company issued a second committal summons a year later.
Mr Byrne said that when the matter came before District Judge Martin last April, he submitted that under the principles of criminal law and constitutional justice, Mr Heffernan could not be jailed a second time.
The District Justice declined to dismiss the ConIon Fuel application. Mr Byrne said he and Mr Heffernan's solicitor withdrew from the case. He understood the District Judge committed Mr Heffernan to 45 days detention, with a stay of 90 days.