Robbery accused walks free due to unlawful detention

A 31-year-old Dublin man, charged in connection with the attempted robbery of a cash transit van in Co Kildare last November, walked free from the Four Courts after a High Court Judge ordered his release on finding that his detention was unlawful.

Today at the High Court, following an inquiry under Article 40.2.2 of the Constitution, Mr Justice Michael Peart ruled Mr Eamonn Dunne, who is charged with conspiring with five others to steal more than €900,000 cash at Tesco's, Shackleton Road, Celbridge, Co Kildare on November 2, 2007, be released from custody.

Despite today's judgment the charge against Mr Dunne, Dunsoughly Drive, Ratoath road, Finglas, Dublin 11 remains in being, and he is due before the District Court later this week. Mr Dunne had been remanded in custody to Cloverhill Prison since November 5 last.

Late last week, Mr Dunne was re-arrested by gardaí after the High Court had ordered his release.

On Friday, Mr Justice John Edwards found that his detention was unconstitutional, following an inquiry under Article 40 of the Constitution, and ordered that he be released "forthwith."

The judge ordered the release after finding that on January 3 last, when the matter was before a sitting of the District Court, the presiding judge at those proceedings had no basis to extend the time for service of the book of evidence against Mr Dunne in the absence of evidence being called.

Counsel for Mr Dunne, Mr Jeremy Maher SC, said his client was re-arrested shortly after that ruling and was brought before a sitting of the District Court on Saturday, on the exact same charges he was already facing, and was remanded in custody.

It was argued that Mr Dunne's re-arrest after Mr Justice Edwards ruling was "completely unlawful," and that the gardaí's actions were a blatant breach of the Constitution.

However, Counsel for the State, Ms Sunniva McDonagh Bl, argued that the re-arrest and further remand in custody of Mr Dunne was lawful.

Today, in his judgment Mr Justice Peart said he could understand the DPP's "desire and anxiety" to achieve the continued detention of Mr Dunne in relation to what is a "very serious charge."

However, he said "the fact is an order of the High Court for his (Dunne) release from unlawful detention was made, and that his re-arrest last Friday, in the manner in which it happened has produced a situation in which the purpose of the order of release was frustrated and set at nought."

The judge said that in his view that situation is "impermissible."

The judge noted Garda evidence that before Judge Edwards had delivered his judgment, the DPP had instructed that should Mr Dunne be released he should be re-arrested, brought back before the District Court and charged again with the same offence.

Mr Justice Peart also said that "it was no part of this court on this application to consider again the decision of the District Court on January 3, last."

Mr Justice Edwards, he added, had already decided that the detention of Dunne on foot of the order made on that date was not in accordance with the law.

Meanwhile, the High Court has reserved judgment in Article 40 proceedings brought by a 25-year-old man, who is also charged with conspiracy to steal cash at Tesco's, Shackleton Road, Celbridge on November 2, 2007.

Joseph Warren of Belclare Crescent, Ballymun, claims that his detention is unlawful, and is seeking to be released.

Tomorrow, Mr Justice Peart said he will give judgment in that matter as soon as possible.