People are losing faith in the administration of justice because they are seeing criminals following the example of some public representatives in not paying court fines and being released from prison without any penalty, a judge has declared.
Judge James McNulty did not mention TDs, Clare Daly and Mick Wallace by name but he did refer to public representatives setting a bad example by refusing to pay fines, being brought to prison only to be released almost immediately.
“Judges nationwide are growing weary of their sentences effectively being overruled by faceless, nameless officials the day after they are convicted when they are released from prison,” he said.
“It is leading to a loss of confidence in the administration of justice by law abiding citizens who see criminals following the bad example of some our of public representatives by refusing to pay fines only to be brought to prison and then released almost immediately.”
The judge made his comments at Bandon District Court as he was about to impose a sentence on a young woman for stealing a €22 Yankee candle when he heard that she had previously been sentenced to 14 days in jail for another theft but served only one day.
Sarah Waugh (23) from Coach Road, Dunmanway told the judge she had been brought to Limerick Prison after being given the 14 days sentence in 2014 but she was sent home that same day and never spent a night in prison.
“Lawful sentences imposed by judges under the Irish Constitution are being set at nought and overruled by officials either at prison or someone else who promptly directs the release of prisoners,” said the judge.
The issue had recently been highlighted and prompted much debate and some amusement on the national airwaves but it was having a serious impact on the administration of justice in Ireland, he said.
Stressing he was conscious of the separation of powers between the executive and the judiciary, the judge said that nonetheless he felt the issue must be addressed and there must be consequences for those who don’t pay fines if the public are to have confidence in the system.
“It is indicative of why judges nationwide are imposing so many suspended sentences - I am sure there are many people out there who wonder why there are so many suspended sentences - the reason is because actual sentences are not being served.”
The judge imposed a 30-day sentence on Waugh but suspended it on condition that she keep the peace and be of good behaviour for a period of two years and he warned her if she re-offends, the option of a suspended sentence will not be available to her again.
