Arrest was ‘unlawful’

JUDGE Kevin Kilrane said he believed in a case before him at Sligo District Court that a defendant was unlawfully detained before he was subsequently arrested by gardaí.

The case involves Joseph Curran (22) of Rusheen Ard, Caltragh, who is charged with drink driving at Old Market Street on April 3rd 2017.

Prior to being arrested the accused was restrained by another garda who placed him in a Garda van before he was later subsequently arrested at the location of where he had crashed his car.

There was a road traffic accident and the driver ran away from the scene. Gardaí put out a radio alert about the person and Garda Mark Irwin found him in a garden at the back of a nearby house at Abbey Street Car park. He called to him to come out but he wouldn’t co-operate.

Mr Curran was handcuffed and put in the back of the prison van where he was then taken by another garda to the scene of the ‘crime’, the judge said.

Judge Kilrane said the issue was whether Mr Curran was in illegal custody while in the back of the prison van. He said how valid the arrest was without the person being released out of illegal custody.

He said Mr Curran’s detention was much more than restraint as he was conveyed from one location to another even though it was a relatively short distance but that it cannot be lawful arrest out of unlawful detention.

Mr Gerard McGovern solicitor (defending) said from previous evidence heard from Mark Irwin he had handcuffed Mr Curran and put him in the garda van where he was conveyed back to the scene.

Judge Kilrane said the legal issue what was legal interpretation was put on the initial detention.

He said: “I’m leaning that this goes further than simply restraint and if it is an arrest then it is an unlawful arrest and a person has to be released.

“At the moment I hold the view that he was in unlawful custody when taken in by gardaí. He was asked to come out of the garden and he refused.

“He had to be physically handled and put in the van. The holding was an arrest and an illegal arrest.

“There were no words used why he was being taken back. Had he been legally arrested there would be no problem here.

“Can someone be legally arrested out of unlawful detention? I believe they cannot,” Judge Kilrane said. I will put the matter back further but those are my findings,” he added.

He put the case back until May 10 th for the State to decide whether they want to bring it to the Supreme Court.