A JUDGE has demanded that the Department of Justice explain why "some nameless, faceless official" interfered with the structure of a sentence he had imposed.
Judge Cyril Kelly had been told that a Department official had blocked the transfer in custody of a prisoner to Coolmine Therapeutic Community Centre in Clonsilla, Co Dublin.
He had imposed a 4 1/2 year sentence on December 6th last in Dublin Circuit Criminal Court on Brian Richardson (23), of Ascaill Measc, Coolock, Dublin 5, for the armed robbery of almost £6,000 from the National Irish Bank at William Street, Tullamore, Co Offaly, on December 14th, 1995.
He also directed that if a place became available in Coolmine for Richardson, and if he was accepted, he was to be brought there for treatment.
Mr Paul Hatton, an addiction counsellor with Coolmine, told the court he could not understand why Richardson's transfer had been blocked. He had been assessed as suitable for custodial treatment at Coolmine and the prison authorities were also in favour of the move.
"I want to know why a nameless, faceless official in the Department of Justice interfered with my sentence. I gave much thought to it in advance to try and structure it so that this prisoner would come black out on the streets amenable to the laws of society," Judge Kelly said yesterday.
The judge said he had no problem with the Department exercising its power to release prisoners, whatever sentence the court imposed. "But, when someone interferes with a sentence structured as this one was towards rehabilitation I want to know why, and I demand the appearance here of an official from the Department of Justice to explain why this transfer into another custodial regime was blocked," he added.
Judge Kelly said he would review the case again on May 18th.