Prison Service blunder sees man released early

A prisoner enjoyed more than a month of freedom because of a blunder by prison officers who last month ignored his advice that they were sending him home almost a year too soon.

Kevin Walsh, 24, was released from his 18-month sentence in February because of a mistake on the paperwork setting out his term behind bars.

At the time he pointed out that he should be locked up for longer, but he was still allowed to walk out of Cloverhill.

Walsh was sent back to his cell yesterday when the Irish Prison Service applied to correct the mistake.

This was despite the court hearing that he had made good use of his surprise spell as a free man and had managed to get a job.

Walsh, of Allenton Green, Tallaght, Dublin, was sentenced by Judge Mary Ellen Ring on July 23 last to three-and-a-half years imprisonment with the final two years suspended.

He had pleaded guilty to assault causing harm to a taxi driver and the hijack of a taxi at Allenton Drive, Tallaght, on December 11, 2012. He also admitted driving without insurance.

At the time, the committal warrant included a line saying that he was entitled to credit for time he had spent in custody on that charge.

Crucially, he was to serve this sentence consecutively to a sentence he was already serving. The first sentence was imposed in December 2012 for thwarting the arrest of somebody on the run.

The first sentence expired in August 2013 and this was when the second 18 month term was supposed to begin. But in its calculations, the Prison Service took into account all the time he had served in custody on the charge since December 2012 while he was also in custody for the first offence.

Colm O’Briain BL, prosecuting, submitted the warrant drawn up had been in error and he was applying to the court under the “slip rule” to amend it.

The slip rule allows the correction of any accidental slips or omissions in judgements or orders.

Judge Ring said, in light of the way Walsh had dealt with the matter not of his making, she was giving him credit for 10 weeks in custody and confirmed the original sentence.