Written Answers. - Early Release from Mountjoy Prison.
John O'Donoghue
Question:
418
Mr. O'Donoghue
asked the
Minister for Justice
whether the early release from Mountjoy Prison of one of the men arrested in early January 1996, under section 30 of the Offences Against the State Act, following the attempted armed robbery on a branch of the Bank of Ireland in Waterford, had been approved by her.
[1346/96]
John O'Donoghue
Question:
419
Mr. O'Donoghue
asked the
Minister for Justice
whether the early release from Mountjoy Prison of one of the men arrested in early January 1996, under section 30 of the Offences Against the State Act, following the attempted armed robbery on a branch of the Bank of Ireland in Waterford, had been approved by officials of her Department.
[1347/96]
John O'Donoghue
Question:
420
Mr. O'Donoghue
asked the
Minister for Justice
whether one of the men arrested in early January 1996, under section 30 of the Offences Against the State Act in connection with the attempted armed robbery on a branch of the Bank of Ireland in Waterford had been given early release from Mountjoy Prison on the basis that he would travel to Australia and not return to this State; and if so, whether the Australian authorities had been so informed.
[1348/96]
John O'Donoghue
Question:
421
Mr. O'Donoghue
asked the
Minister for Justice
the information, if any, received from the Australian authorities regarding whether the man arrested in early January 1996, in Waterford under section 30 of the Offences Against the State Act in connection with the attempted armed robbery on a Bank of Ireland branch and who had been given early release from Mountjoy Prison had in fact returned to Australia.
[1349/96]
John O'Donoghue
Question:
422
Mr. O'Donoghue
asked the
Minister for Justice
the information, if any, that had been sought from the Australian authorities as regards whether the man arrested recently in Waterford under section 30 of the Offences Against the State Act in connection with the attempted armed robbery on a Bank of Ireland branch and who had been given early release from Mountjoy Prison had in fact returned to Australia.
[1350/96]
I propose to take Questions Nos. 418, to 422, inclusive, together.
General statutory authority for the release of sentenced prisoners rests with the Minister for Justice under section 2 of the Criminal Justice Act, 1960. While I personally make the decision in many cases, for administrative reasons this is not always possible. Where I personally do not authorise a release, the decision is taken by a senior official of my Department, and this is what occurred in the case referred to by the Deputy.
The Deputy will appreciate that I am constrained from giving all the details of this case, as criminal proceedings are in train. In all the circumstances, I can, however, provide some general background information about what transpired.
In the course of 1995, a prisoner who had been serving a six-year sentence, with effect from 15 January 1994, and who was due for release, with normal remission, in August 1998, applied to the prison authorities for the grant of full temporary release to join his family who are now residing in Sydney, Australia.
The prisoner made the case that this would afford him the opportunity to leave behind the criminal associations which had led him into his previous offences. The response to the prisoner's request was that his application would be considered if he obtained the necessary travel documentation. The air ticket was purchased from money sent by his family in Australia. In all the circumstances, a decision was taken that the prisoner could be granted full temporary release on the condition, which he accepted, that he would reside henceforth with his family in Sydney. The prisoner knew that any deviation from this condition would invalidate his temporary release. All these arrangements came to a conclusion in December 1995 and his release took place on 20 December 1995.
The Australian authorities were not consulted or informed by the prison authorities about his proposed release as the condition of temporary release did not require such actions.
On 20 December 1995 the prisoner was brought, under escort, to a local bank branch where he withdrew the money, forwarded by his family, to buy the ticket and thence to the travel agents and Dublin Airport where he was put on board the airplane by prison staff, who remained there until the plane took off.
The flight in question was to Amsterdam and the prisoner's ticket provided for the onward flight from Amsterdam to Sydney. It has since been established that the prisoner did not travel onwards to Sydney, but in fact flew to London and subsequently returned from there to Ireland, where he was arrested by the Garda in Waterford on 4 January 1996. He is now back in custody in Limerick Prison.
