Judge wants answers – from prison or Minister
A DISTRICT court judge has described the release of a man from Cork prison just one hour after he was admitted as ‘shocking and scandalous’, adding that the Minister for Justice may have to explain why.
Judge James McNulty was dealing with the case of Stephen Tanner at Bandon District Court.
Three days earlier he had sentenced Mr Tanner to 30 days in prison, after hearing his case at Skibbereen District Court.
Mr Tanner, of 50 Woodlands, Clonakilty, had pleaded guilty to being drunk in a public place but had denied that he failed to give appropriate information to gardaí in Clonakilty on November 24th last.
Solicitor Eamonn Fleming told the judge that his client went to Cork Prison after being sentenced but was released an hour later on temporary release.
‘That is shocking and scandalous that he was released within an hour,’ said the judge. ‘I wonder what the Minister for Justice would have to say about it? It is alarming and this calls for an explanation from someone, whether that is the prison governor or the Minister for Justice.’
When he asked if this happens frequently, Insp Kay O’Donoghue said it happens ‘more often than we would wish’.
Mr Fleming said his client wasn’t in court and he had been under the impression that he was in custody following his conviction. Judge McNulty subsequently issued a bench warrant for his arrest.
A spokesperson for the Irish Prison Service (IPS) later told The Southern Star that it must accept all prisoners committed by the courts.
‘As such, the IPS has no control over the numbers committed to custody at any given time, and the prison system is, of course subject to peaks and troughs.’
‘Decisions in relation to temporary release are considered on a case-by-case basis, and the safety of the public is paramount when those decisions are made.’
The spokesperson added that all temporary releases are subject to conditions and any offender who breaches his or her conditions may be arrested and returned to prison immediately by the gardaí, or may be refused another period of temporary release.
‘The IPS has come under increasing operational stress due to an unprecedented increase in prisoner population numbers.
‘Throughout 2023, the prison service has been operating above 100% capacity, reaching as high as 107%, with certain prisons consistently experiencing overcrowding significantly beyond 107%.’
