The High Court has granted an application by the DPP to overturn the conviction and three-month sentence imposed by Judge Mary Devins on a man, in his absence, for a public order offence.
Ms Justice Elizabeth Dunne directed that the case be reheard by a different district court judge.
Ms Justice Dunne ruled yesterday that Judge Devins had acted in breach of fair procedures in her conduct of an inquiry at Castlebar District Court last November into the failure to jail Owen McDonagh whom Judge Devins had earlier sentenced to three months in St Patrick's Institution for intent to provoke a breach of the peace.
Judge Devins had remarked that the warrant for committal of Mr McDonagh had been "conveniently spiked". Proceedings challenging Judge Devin's handling of the case were brought to the High Court by both lawyers for the DPP and for Mr McDonagh.
In the High Court yesterday, Ms Justice Dunne granted an order quashing Mr McDonagh's conviction and directed that the case be sent back to the district court.
Noting that the case had been heard in full by Judge Devins, Ms Justice Dunne said it would be more appropriate that the matter now be heard by another judge.
She granted a declaration that the inquiry held by Judge Devins on November 16th, 2005, was conducted in breach of fair procedures and made an order quashing her decision directing a Garda superintendent and chief court clerk to submit reports in writing relating to the circumstances surrounding Mr McDonagh's committal warrant.
Mr McDonagh, Castlebar, Co Mayo, was convicted by Judge Devins last October of using abusive or insulting words or engaging in behaviour with intent to provoke a breach of the peace in Castlebar last February. His solicitor had told the judge that his client was appearing before Arklow District Court that same day.
At the High Court yesterday, Mr Paul Anthony McDermott, for the DPP, said the DPP had had no choice but to bring judicial review proceedings as it was a matter of concern that a district judge had held an inquiry into the failure to jail Mr McDonagh when she had no jurisdiction to do so.