asked the Minister for Justice the reason two ex-gardaí (details supplied) who were sentenced to imprisonment still have not served any of their prison term.
Written Answers. - Prison Sentence on Ex-Gardaí.
713.
Limerick East): The two persons referred to in the question appeared in the District Court on 11 September 1980 on charges of assault. Both were convicted and fined £50 each.
They appealed to the Circuit Court and the appeal was heard on 14 January 1981. The Circuit Court affirmed the order of the District Court but it imposed a sentence of three months imprisonment on both defendants in lieu of the fine. They were taken into custody in the Bridewell Garda Station on that date. They were released on 15 January 1981 to attend the High Court on an application for habeas corpus. This application was refused and both defendants were committed to Mountjoy prison later on the same day. They then sought and obtained a Conditional Order of certiorari from the High Court and were released on bail pending the outcome of this application. On 1 June 1983 the High Court discharged the Conditional Order of certiorari and ordered that the District Court issue warrants for the enforcement of the sentence which had been imposed by the Circuit Court. A stay of 21 days was allowed for the service of a notice of appeal.
The defendants gave notice of their intention to appeal the order of the High Court to the Supreme Court. However the appeal was struck out on 10 July 1984 for want of prosecution.
On 7 November 1984 the District Court issued new warrants to lodge the defendants in prison to serve the sentences imposed by the Circuit Court in January 1981. At the present time these warrants are awaiting execution but, as is normal practice in cases such as this, execution of the warrants has been deferred pending the outcome of petitions made to me by the defendants under the provisions of section 23 of the Criminal Justice Act, 1951, in relation to their sentences.
These petitions are at present under consideration by me.