Probe as ‘jailed’ man commits serious crime

JUSTICE Minister Dermot Ahern has ordered an investigation into how a criminal was able to commit a serious offence when he was supposed to be locked up in prison.

The details of the individual and the crime are being withheld based on legal advice to the Government.

A statement from the Department of Justice said this was to ensure the man’s forthcoming trial was not compromised.

The statement said the individual had recently been arrested and charged in connection with “a serious offence” and it subsequently emerged he had already been sentenced to a lengthy jail term for a separate matter.

The incident is a major embarrassment to the authorities, although it is not clear which agency, or agencies, of the criminal justice system – the Prison Service, the Garda or the Courts Service – is at fault. The statement said the investigation will look at “all the agencies” which dealt with the man.

The fact that the Inspector of Prisons, Judge Michael Reilly, has been appointed to carry out the investigation suggests that much of the focus may be on the prison service.

A statement issued by the Department of Justice yesterday evening said: “Following the recent arrest and charge of a person in connection with a serious offence, it has transpired that the person charged was at liberty when in fact he had been sentenced to a significant term of imprisonment in respect of a prior and separate conviction which he is now serving.”

The statement said that, based on legal advice, the department could not provide further details on the matter.

“Having consulted with the Attorney General, the Minister for Justice, Equality and Law Reform, Mr Dermot Ahern TD is advised that he cannot publicly disclose any details of the offences or the identity of the individual involved as this would risk prejudicing his forthcoming trial on the charge which is of overriding importance.”

The statement added: “In view of his grave concern and to prevent any possible recurrence, the Minister has requested Judge Michael Reilly, the Inspector of Prisons, to undertake an investigation of all the circumstances in this case across all the agencies who dealt with the matter to establish why the person concerned was at liberty and not in prison and to make any necessary recommendations.”

The department said Judge Reilly’s report would be published “subject to any legal constraints” as soon as the trial was completed, but that any recommendations made would be brought into effect “as soon as possible”.