Ireland Case No. 22909False imprisonment (unlawful detention) · Co. Dublin · 13 Jan 2023
High Court awards €2,500 damages to three Louth men for unlawful detention in Portlaoise
The High Court in Dublin awarded €2,500 in damages to each of Fintan O'Farrell, Declan Rafferty and Michael McDonald, all from Co Louth, for the period of their incarceration in Portlaoise Prison found to have been unlawful, after they were convicted in 2002 by a London court of conspiracy to cause explosions and terrorism offences related to attempting to acquire weapons for the Real IRA.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Jan
2 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports25 statements extracted from the articles
- whatThe three men had attempted to source arms and the financial support of the Iraqi Government. (thejournal.ie, dundalkdemocrat.ie)
- whatThe men spent only just over 13 years in prison in total. (thejournal.ie)
- whenThey were arrested by Slovakian police in July 2001. (thejournal.ie)
- whenIn 2006 they were transferred to Portlaoise Prison. (thejournal.ie)
- whenThe men were arrested by Slovakian police in July 2001. (dundalkdemocrat.ie)
- courtThe High Court awarded €2,500 in damages to each of the three men. (thejournal.ie)
- courtThe men were represented by Micheal Ó Higgins SC, David Conlan Smith SC and Declan Higgins BL, instructed by solicitor John Quinn. (thejournal.ie, dundalkdemocrat.ie)
- courtThe three were detained in Portlaoise Prison on foot of an invalid Irish detention order for an eight-year period of which just under four years was actionable. (thejournal.ie)
- courtThe High Court awarded €2,500 in damages to each of three men jailed for trying to acquire weapons for the Real IRA. (dundalkdemocrat.ie)
- courtMr Justice Cian Ferriter held the three men were entitled to succeed in their claim for false imprisonment. (dundalkdemocrat.ie)
- courtIn 2002 the three pleaded guilty before a London court to conspiracy to cause explosions and charges under the UK's 2000 Terrorism Act. (dundalkdemocrat.ie)
- courtIn 2014 the High Court found the continued detention of the three men was unlawful and ordered their release. (dundalkdemocrat.ie)
- courtThe effect of the finding that the warrants were unlawfully issued was not to invalidate the underlying English sentences. (dundalkdemocrat.ie)
- sentenceThey received prison sentences of 28 years. (thejournal.ie)
- sentenceThe three men received prison sentences of 28 years. (dundalkdemocrat.ie)
- sentenceAll three men were entitled to €2,500 damages each. (dundalkdemocrat.ie)
- otherThe men were not entitled to substantial damages because the sentences from the English court had never been invalidated. (dundalkdemocrat.ie)
- otherThe men they believed were Iraqi arms dealers were undercover British security agents. (dundalkdemocrat.ie)
- otherAll three were extradited to England after their arrest in Slovakia. (dundalkdemocrat.ie)
- otherIn 2006 the three men were transferred to Portlaoise Prison. (dundalkdemocrat.ie)
- otherThe warrants allowing transfer from a UK prison to Ireland were defective in referring to 28-year sentences rather than the correct term of 18 years and 8 months. (dundalkdemocrat.ie)
- otherThe men claimed the period of false imprisonment amounted to breaches of their constitutional right to liberty. (dundalkdemocrat.ie)
- otherThe men claimed they spent eight years in Portlaoise Prison, described as an old facility with poor heating where they had to slop out their cells every morning. (dundalkdemocrat.ie)
- otherThe three men spent only just over 13 years in prison. (dundalkdemocrat.ie)
- otherThe three were detained in Portlaoise prison on foot of an invalid Irish detention order for an 8 year period of which just under 4 years was actionable. (dundalkdemocrat.ie)
The reporting
newest first- 13 Jan2023Court rules that three Louth men convicted of attempting to acquire weapons for the Real IRA entitled to damages for unlawful detention by the State
High Court ruling by Mr Justice Cian Ferriter awarding €2,500 each in damages for false imprisonment to three men whose transfer warrants from a UK prison to Portlaoise were found defective, referencing 28-year sentences rather than the correct term of 18 years and 8 months.
convicted, Fintan O'Farrell, male, named, irish (judged from name)Fintan O'Farrellconvicted, Declan Rafferty, male, named, irish (judged from name)Declan Raffertyconvicted, Michael McDonald, male, named, irish (judged from name)Michael McDonald - 13 Jan2023Men jailed for trying to acquire weapons for Real IRA awarded damages over unlawful detention
Provides the full reasoning of Mr Justice Ferriter's judgment, including the background of the men's 2001 arrest in Slovakia, their 2002 London conviction, the defective transfer warrants, and the specific factors considered in arriving at the €2,500 award per man.
convicted, Fintan O'Farrell, male, named, irish (judged from name)Fintan O'Farrellconvicted, Declan Rafferty, male, named, irish (judged from name)Declan Raffertyconvicted, Michael McDonald, male, named, irish (judged from name)Michael McDonald