'UNLAWFUL' PRISON RULING CHALLENGED

A heroin addict who pleaded guilty to failing to move on, having been
directed to do so by a garda who suspected she was soliciting, has
challenged a district judge's decision to remand her in prison for three
weeks.

Mr Giollaiosa O Lideadha, for the woman, told the High Court yesterday that
this was his client's first such offence, for which the maximum penalty was
pounds 250. He submitted that Judge William Early had acted outside his
jurisdiction in remanding her in custody.

On January 7th last, the woman pleaded guilty to the offence, of June 1998,
under the Criminal Law (Sexual Offences) Act 1993 and was remanded on bail.
On March 18th, 1999, the case came before Judge Early, who considered two
probation reports and a letter from an Eastern Health Board doctor
indicating that the woman was a heroin addict.

Judge Early indicated he intended to remand the woman in custody for three
weeks. The following day, the High Court granted leave to take judicial
review proceedings seeking to quash the order of Judge Early. The woman was
freed on bail.

A stay was granted on the district court proceedings. The woman was told by
her solicitors that she was not required to attend in the district court on
April 8th, 1999. Due to an error, her solicitors failed to serve a notice of
the judicial review proceedings within the proper time.

On April 8th 1999, Judge Early was told the stay on the district court
proceedings had lapsed and in the woman's absence, he issued a warrant for
her arrest. Yesterday, Mr O'Lideadha told Mr Justice Kelly he was now
seeking a declaration that Judge Early's order of March 18th last remanding
his client in custody was unlawful in that it was made without her consent,
was outside 15 days, and was outside the district judge's jurisdiction.

The Director of Public Prosecutions is opposing the application.

The hearing continues today.