Mr O’Hanlon was accused of theft of two cans of Coca Cola valued at €3.60. He was denied bail on that charge and had existing bail revoked. He had no legal representation due to the ongoing solicitors’ strike and it was submitted by barrister Michael O’Higgins for the defendant that Mr O’Hanlon had been denied legal representation, the right to have been given notice of Garda objections to his bail, the right to cross-examine a garda witness and the privilege of avoiding self-incrimination.

Delivering judgment in the High Court on 18th August Judge Simons held that Mr O’Hanlon’s detention was not in accordance with the law. Ordering his immediate release from Cloverhill Prison the judge stated that the bail hearing before the District Court had been fundamentally unfair.

In coming to that decision Judge Simons considered; that it was a “very minor offence”, that Mr O’Hanlon was not given the opportunity to question Garda, it was only after bail has been refused that he was given the opportunity to say that he had recently obtained an address and that his existing bail was revoked without hearing from him at all.

As such Judge Simons stated that “the events before the District Court in relation to Mr O’Hanlon did not constitute a hearing” and that the case came within “the exceptional category in which relief is available under Article 40.4.2°”.