A JUDGE has been asked to investigate how a man who should have been in prison was released and is now charged with committing a serious assault shortly after Christmas.
The man was released from prison in early December, even though he had been given a prison sentence which would not have seen him released into the community for another four years.
He was already in prison for one offence when a sentence was handed down last year for another crime. Due to a failure of communication, the prison authorities were not aware of the second sentence.
In a statement yesterday, Minister for Justice Dermot Ahern said that after the arrest and charge of a person in connection with a serious offence, it transpired the person was at liberty when he had been sentenced to a significant term of imprisonment in respect of a prior, separate conviction which he is now serving.
Mr Ahern said in a statement that having consulted the Attorney General, he was advised that he could not publicly disclose any details of the offences or the identity of the individual involved as this would risk prejudicing his forthcoming trial on the charge which is of overriding importance.
“In view of his grave concern and to prevent any possible recurrence, the Minister has requested Judge Michael Reilly, the Inspector of Prisons, to undertake an investigation of all the circumstances in this case across all the agencies who dealt with the matter to establish why the person concerned was at liberty and not in prison and to make any necessary recommendations.
“Judge Reilly’s report will be published [subject to any legal constraints] as soon as the trial has been completed but any recommendations made will be brought into effect as soon as possible,” said the statement.
A man died following the assault.
