Niall Harnett has been released from custody following confusing circumstances involving a temporary release of sorts last Friday 14th and a withdrawn 'mute' application at the High Court in Cloverhill today Monday 17th August.
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Niall was given what he thought was a 'temporary or technical weekend release' on Friday last at Castlerea, pending his court appearance this morning.
“Apologies to everyone for not declaring that I was given what can only be described as a 'technical' release last Friday, but I was confused as to what to do over the weekend and thought it better just to lie low and hook up with Carol to see how she was getting on. But it's great to be out now, in any case”, said Niall
Here's Niall's account of how it all happened.
“At approximately 3pm on Friday 14th August I was in my cell when a prison officer told me “to pack up your stuff, you're going”. “Where am I going?” I asked. “I don't know”, he said, “I've just been told to tell you that”. I wondered was I going to another prison. About 10 minutes later another officer arrived at my cell to collect me. I asked him where I was going and he said that he had been told that I was out on bail. I asked him how that happened or had there been an early court or suchlike. He said he didn't know, he was just told to bring me to reception and the governor was waiting to see me.”
I was brought to 'Reception' where I was asked to return my 'prison issue kit and clothes'. My own clothes and property were returned to me. I asked the officers at reception did they know how I was getting out, but they didn't. They just said that the governor was waiting for me in the Administration Office.
I was brought to the Administration Office where a friend appeared to be waiting to collect me. He seemed as surprised to see me as I was to see him. The governor was busy with someone else and I spoke to my friend. I asked him what was happening and he told me that he had come in to pay the financial surety required to initiate the appeal of my convictions, following his 'approval' as an independent surety at Castlebar District Court on Wed 5th Aug 2009. I asked him did he know anything about me being out on bail, and he said he didn't.
Then I spoke to two senior prison officers who told me that they presumed that I wanted to get out on bail given that my friend had come in to pay the money as a pre-requisite to bail and my appeal. I asked them had there been any change to the bail conditions and they said no. They said that I would still need to sign my agreement to the conditions in order to be released that day.
I told the officers that I really had no choice but to reject the conditions again and go back to my cell but that I was reluctant to do that as I felt caught between a rock and a hard place, given that I was mentally prepared to leave now and all packed and ready to go with a lift waiting for me outside. Going through the process of readmission to the prison at reception is also a process that I did not fancy going through again as it had taken me nearly 2 weeks to get any of my own clothes and personal stuff into my possession after having been stripped of everything of my own on my previous admission. I assumed that the same process would begin all over again.
The officers told me I had 2 options.
1) I could reject the conditions, remain in custody, and they would ensure that I got to court for Monday 17th,
or
2) I could sign the conditions (for the weekend!?!), explain the position to the judge, fight the bail conditions on Monday, and in the event of failure in the court I could reject the conditions at that point again, and return to the prison on Monday eve.