Courts

Man claims he wrongfully spent 10 days in jail after Pulse profile mix up

Joseph Connor (34) told a bench warrant existed for him but it was for another man

Counsel said that when his client’s case returned before the District Court in September, gardaí accepted responsibility for the error. File photograph: Bryan O’Brien
Counsel said that when his client’s case returned before the District Court in September, gardaí accepted responsibility for the error. File photograph: Bryan O’Brien
Aodhan O'Faolain
Tue Nov 16 2021 - 16:15

A Co Louth man has claimed before the High Court that he wrongfully spent 10 days in jail after gardaí merged his profile on the force’s Pulse system with that of another person with a similar name.

Joseph Connor (34), from Scarlet Crescent, Drogheda, has taken proceedings arising out of his arrest on July 19th last for allegedly committing a public order offence.

Following his arrest, he was told by gardaí there was a live bench warrant for him and was denied station bail. Mr Connor at all times disputed the existence of such a warrant.

He was detained and brought before the District Court the following day. Despite his protestations the court was wrongly told that he had a substantial bench warrant history, which was provided to the judge. Mr Connor said he had always attended his court dates.

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The judge remanded Mr Connor in custody with consent to bail, the conditions of which required than an independent surety of €250 be lodged. Mr Connor was not in a position to meet that condition on that date or when his case was next mentioned before the court due to a lack of means.

As a result, he spent 10 days in Cloverhill Prison on remand. He was released on July 29th when he was able to put up the surety.

At the High Court, Michael O’Higgins SC, for Mr Connor, said it subsequently transpired that the bench warrant did not relate to his client. Counsel said the warrant was in respect of a person called Joseph O’Connor, with a different date of birth and address.

Counsel said that when his client’s case returned before the District Court in September, gardaí accepted responsibility for the error. Arising out of his incarceration, Mr Connor has brought judicial reviews of proceedings against the commissioner and the governor of Cloverhill Prison.

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He seeks various orders, including an order for damages, and declarations from the court and an apology. The matter came before Mr Justice Anthony Barr who, on an ex-parte basis, granted Mr Connor permission to bring his action. The judge made the matter returnable to a date in December.