A MAN who delayed going to jail for 4 1/2 years by appealing to the Minister for Justice began his sentence in Limerick Prison yesterday.
John O'Meara, of Ardfinnan, Co Tipperary, surrendered to gardai yesterday morning to start a sentence handed down by the District Court 4 1/2 years ago. He had unsuccessfully appealed a five month sentence for traffic offences to the Circuit Court, and petitioned two justice ministers.
Last week, when local gardai sought to renew warrants against O'Meara, Judge Michael Patwell, sitting at Cahir District Court, strongly criticised the Minister for Justice, Mrs Owen, and said a letter written by her had delayed execution of a court order.
O'Meara was convicted in July 1992 of driving without insurance and dangerous driving, and received concurrent sentences of three and five months. After the sentence was affirmed by the Circuit Court he turned to the petitions system, which allows justice ministers to alter sentences.
Through Fine Gael TD for South Tipperary, Mrs Therese Ahearn, he petitioned the former justice minister, Mrs Maire Geoghegan Quinn, and later her successor, Mrs Owen.
Mrs Geoghegan Quinn made no change to the sentence. Mrs Owen wrote to Ms Ahearn in April 1995 stating the case was "under repetition" and adding that this could be confirmed to the gardai.
Renewing the warrants in court last week, Judge Patwell said the Minister's letter had the effect of putting a stay of execution on the original court order and amounted to an attack on the authority of judges.
In response, the Department of Justice said a judgment in a 1995 High Court case, taken by retired Judge Patrick Brennan, confirmed that the petitions system was not unconstitutional. The judgment, which issued after Mrs Owen's letter was written, also said ministers should modify sentences only in the "rarest of circumstances".
Last Tuesday, Ms Ahearn responded to Judge Patwell's remarks, saying there was no "impropriety of any description" in the representations she made on behalf of O'Meara. She rejected any suggestion that she had sought to interfere with the operation of the courts or the Garda.