The High Court has ordered an inquiry into the legality of the detention of a man who was remanded in custody to Cloverhill Prison following a case of what is claimed to have been mistaken identity.
Last Monday, Sergejus Kuzmicius (48), a Lithuanian national of no fixed abode who has been staying at a hostel in Dublin, was remanded in custody with consent to bail by District Judge Thomas Fitzpatrick. He had appeared in court after he had been charged with minor public order offences.
Yesterday counsel for Mr Kuzmicius, Giollaiosa Ó Ledeadha SC, applied to the High Court, on an ex-parte basis (one side only) for an inquiry under Article 40.4 of the Constitution into the legality of his client's detention.
Counsel said the remand took place after the District Court believed that his client was somebody else.
As a result, counsel said the application was being made on the grounds that the steps that led to Mr Kumicius's detention were "fundamentally flawed" and "a breach of fair procedure."
In an affidavit to the court, Bridget Rouse, solicitor for Mr Kuzmicius, said that last Monday a lawyer from a firm of solicitors representing another Lithuanian, Stanislav Lozens, was present at the Bridewell courthouse.
At the hearing the lawyer asked to consult with his firm's client, Mr Lozens, who he believed was in the cells. Ms Rouse said such consultations are, the usual practice. However, Judge Fitzpatrick refused to allow that consultation, citing inadequate facilities.
Ms Rouse said in her affidavit that at the court when a name that sounded like Mr Lozens was called out Mr Kuzmicius was presented from the cells.
When asked if his name was Stanislav, Mr Kuzmicius indicated, by nodding, that it was. As a result the lawyer believed that Mr Kuzmicius was in fact his firm's client (Mr Lozens).
The lawyer requested an adjournment to take further instructions from the person he believed to be Mr Lozens. However, Judge Fitzpatrick refused that request.
Ms Rouse further stated in her affidavit that Mr Lozens is currently out on bail. The inquiry into Mr Kuzmicius's detention was granted by Mr Justice John Hedigan, who made the matter returnable for today.