A judge is to ask the High Court for a ruling on the issue of temporary release from prison, after the governor of Mountjoy Prison appeared before him yesterday. Judge Gerard Haughton had ordered the governor, Mr John Lonergan, to answer a possible charge of contempt of court, after hearing that a female drug addict had been released before she was due in Dublin District Court for a review of her sentence.
Mr Lonergan told the court yesterday that the prisoner, Elaine O'Driscoll (22), of Champions Avenue, Dublin 1, was released by order of the Minister for Justice because of overcrowding. He said he did everything in his power to honour court orders but added, "I have no responsibility in law for temporary release".
Judge Haughton said he accepted Mr Lonergan was not responsible but added he would take a case to the High Court to see if the power existed to release a prisoner when a court order had been made for review of sentence.
The District Court was told that Elaine O'Driscoll had received an 11-month sentence last April for larceny and another 22-month sentence in June but was released on August 25th - the day she received another two-month sentence.
Judge Haughton said this made nonsense of gardai bringing criminals to justice and nonsense of the courts and added "it has to be brought to an end".
Governor Lonergan said the women's section had 40 cells but over the past 12 months it had been asked to accommodate up to 60 prisoners at a time.
The maximum it could hold was 55, with prisoners sleeping on mattresses in the padded cells, the library and the recreational hall .
He said some prisoners had to be released because "suitable and adequate" accommodation was no longer available. Prisoners were screened on the basis of custody records along with court orders, what type of prisoners they were, and what offences they were in for. Those who were in custody on remand could not be released.
He added that some prisoners did not want to be released because they had no other home. The new women's section, providing 60 extra places, would not be ready for another 12 months.
He said no disrespect or contempt was meant to the court and every effort was made to carry out court orders but "there is a limit to what I personally can do".
The court was told that after being granted temporary release on a weekly basis, Elaine O'Driscoll failed to return to the prison to sign on and was unlawfully at large from September 1st.
Judge Haughton noted that the woman had also received a sentence of 15 months last January and a further six prison terms of between three months and a year over the previous nine months. Speaking outside the court, Mr Lonergan said Ms O'Driscoll had no history of violence.