Séamus Healy (Tipperary South, Independent)
Link to this: Individually | In context

Question 427: To ask the Minister for Justice, Equality and Law Reform the circumstances surrounding the issue of a bench warrant for a named person at Tipperary District Court on 7 February 2006 despite the handing in of a doctor's letter to the Garda certifying the person's inability to attend following a diabetic episode which occurred following the person's three-hour wait in court for his case to be called; the subsequent arrest of the person and his admission to hospital while under arrest due to chest pain; the failure of the court authorities to distinguish between this person and his son of the same name and address; and if he will make a statement on the matter. [13078/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I asked the Garda authorities for a report on the issues raised by the Deputy. I will give a summary of the events in question, as reported to me by the Garda authorities. The person in question was charged with assault, contrary to section 2 of the Non-Fatal Offences Against the Person Act 1997, and with trespass, contrary to section 11 of the Criminal Justice (Public Order) Act 1994, arising from an incident at the home of one of his neighbours on 15 August 2005. He appeared at Tipperary District Court on 3 January last and was remanded on bail until 7 February. On the latter date, he was present in court and was accompanied by a solicitor who was representing him. At approximately 12.20 p.m., the person in question approached a member of the Garda Síochána in court and handed him a medical certificate that did not relate to diabetes. He was urged to remain in court to explain the situation or, at least, to advise his solicitor of the position. He had been in court for less than two hours at this time and there had been no mention of a diabetic episode. The garda in question advised the person's solicitor and gave him the medical certificate. When the case was called, the solicitor advised the court that his client had been present but had taken ill and he handed the medical certificate to the court. These facts were confirmed to the court by the prosecuting inspector.

The judge issued a bench warrant for the arrest of the person, which was executed on 14 February. While he was detained at Tipperary Garda station, the person complained of chest pain and requested medical attention. He was removed to St. Joseph's Hospital in Clonmel, where he remained until 17 February when he was taken by the Garda before Clonmel District Court. The case stands adjourned for hearing on 16 May 2006 at Tipperary District Court. The Garda authorities have advised me that there is no difficulty in distinguishing between the person referred to and his son of the same name. No issue in this regard was raised in respect of these proceedings. The Garda has no input or control over the court lists. Neither the person referred to nor his legal representative requested to have the case called out of sequence.