Wexford man remanded in custody over confusion about his identity released from prison

A Co Wexford man remanded in custody amid confusion over his "true identiy" was released from prison today.

A Co Wexford man remanded in custody amid confusion over his "true identity" was released from prison today.

Oliver Sludds, who was before Wexford District court in connection with driving offences, was remanded in custody to Cloverhill Prison by District Judge David Anderson on Wednesday because there was some confusion over his identity.

Mr Sludds (aged 29) had also claimed during those proceedings that Judge Anderson had no jurisdiction to deal with the case unless he first produced his oath.

At the High Court on Friday Mr Justice Roderick Murphy directed that Mr Sludds be released from custody after he was informed the State "did not intend to seek to justify" his continued detention.

The Judge was informed the matter had been settled and costs had been agreed between the parties.

After his release Mr Sludds was greeted and embraced by members of his family.

Mr Sludds' lawyers sought an inquiry, under Article 40 of the constitution, into the legality of his detention on grounds including that Judge Anderson had erred by remanding Mr Sludds in custody when gardaí, who had no issue in relation to his identity, had not objected to bail being granted.

Colman Fitzgerald SC, appearing with Keith Spencer Bl, for Mr Sludds said his client's detention was unlawful because the gardaí had "no issue in regards to Mr Sludds' identity". Judge Anderson, counsel said, was wrong not to grant him bail.

Counsel said the gardaí at the District Court had not objected to Mr Sludds being given bail, nor had they voiced a concern that Mr Sludds would fail to turn up at a subsequent hearing of the court.

Counsel also argued the motoring offences against Mr Sludds are not ones which that would attract a custodial sentence.

Counsel added that Mr Sludds now accepted that his initial argument to Judge Anderson to produce his oath was "misconceived as a matter of law".

Last Wednesday Mr Sludds, with an address at Tineshin, Kilmuckridge, Co Wexford and formerly of Ballagh Cove, Enniscorthy appeared before Judge Anderson in connection with a number of road traffic charges dating back to April 2010.

Mr Sludds disputed the validity of the summons on foot of which he was before the District Court. He said the summons was for a "Bobby Oliver Sludds" and did not refer to him. He also handed up a copy of his birth certificate to the court.

The prosecuting garda in the case said when he had stopped the defendant in April 2010 and asked him his name, he had replied “Bobby of the family Sludds”.

Having heard the denials that he was the man named, Judge Anderson said he had no choice but to remand Mr Sludds in custody because there was some confusion about his true identity. The Judge said that he could not accept a bail bond from someone whose signature could not be verified.