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High Court refuses judicial review of the decision to arrest applicant on foot of committal warrant in respect of the applicant who had been convicted of drink driving offences and sentenced to five months imprisonment despite significant delay of approximately 8 years, on the grounds that the applicant failed to attend his appeal, there is no evidence at all that the applicant made any attempt to make enquiries as to what happened his appeal or take any steps to have it re-instated, the applicant was convicted of a serious offence and the applicant left the jurisdiction to live in Northern Ireland notwithstanding having been found guilty and given a custodial sentence and failed to either attend or take any step to follow up his appeal.
Judicial review - convicted in the Dublin District Court of driving without insurance, and of driving under the influence of alcohol arising out of an incident - ordered to pay a fine of €200 for not having insurance - disqualified from driving for a period of six years and was sentenced to a term of imprisonment of five months for driving under the influence of alcohol – subsequently convicted of other offences including attempting to operate a motor vehicle whilst under the influence of alcohol, driving without insurance, driving while disqualified, dangerous driving, driving without a licence, and possession of knives and other articles - given a suspended sentence of four months’ imprisonment and was also disqualified from driving for twelve years – appealed first convictions – did not attend - committal order issued – subsequently arrested on suspicion of drink driving - committal was discovered – brought to prison but granted bail – argued that he moved address to Northern Ireland and that he never received the letter informing him of either the date or location of his appeal to the Circuit Court – application for judicial review - Supreme Court decision in Finnegan - there must be significant factors to outweigh the general principle that a person who has been convicted and sentenced by a court established under the Constitution should serve the sentence imposed, notwithstanding a significant lapse of time - no evidence at all that the applicant made any attempt to make enquiries as to what happened his appeal or take any steps to have it re-instated – fact that he was summarily tried not significant - An Garda Síochána did take steps to execute the outstanding warrants - applicant left the jurisdiction to live in Northern Ireland notwithstanding having been found guilty and given a custodial sentence and failed to either attend or take any step to follow up his appeal – not entitled to relief – judicial review refused –
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