Ciarán Mulholland
Credit:Doug Leddin/Mulholland Law 

Mr Irwin of Carrowgubaddagh, Ballisodare, Co Sligo was before Donegal District Court on charges of having one kilo and nine grammes of cocaine for the purpose of selling or supplying to another, at Keadue West, Co. Roscommon on August 16 2026.

He told Judge Ciaran Liddy at the beginning of the hearing that he had been transported through Northern Ireland without authorisation.

Mullholland Law have raised serious concerns regarding the legality of the detention during the period spent outside the jurisdiction, the conduct of the escort involved, and the wider absence of independent oversight within the Irish prison system.

Ciarán Mulholland, principal solicitor said: “Let’s be frank here this incident is of considerable gravity and warrants an urgent independent investigation, however, given the dysfunctionality of our criminal justice system we remain one of the few EU members without a Prison Ombudsman hence an absence in reality of impartial oversight and no watchdog to scrutinise the situation.

“The fact that an IPS escort felt it was appropriate to drive through a neighbouring jurisdiction without authority is not merely reckless and irresponsible but illegal. It questions the legality of our client’s imprisonment in the neighbouring Northern jurisdiction but also raises possible road traffic offences whether the vehicle was even insured to travel outside the 26 Counties of the Republic.

“I am instructed that my client was threatened and verbally abused when he flagged the vehicle was in Enniskillen, Co. Fermanagh - some 40 minutes from crossing the border from Co. Cavan - thus this was not an accident but intentional.

“Whilst on a superficial level it could be said that we are simply dealing with the Irish Prison Service’s incompetence, that is simply not good enough particularly when we have senior Gardaí objecting to bail days earlier and then have a blasé IPS escort travel across an international border outside the jurisdiction for 1 hour for their own geographical convenience.

“The deprivation of liberty by the State must at all times have a clear and lawful basis in which administrative convivence cannot be substituted for a lawful authority The IPS is now potentially liable for the false imprisonment of Mr Irwin whilst held in Northern Ireland without any lawful authority and I have made representations to the IPS Director General and Justice Minister in this regard.

“Until the reunification of the island and the operation of an All-Ireland criminal justice system the IPS must abide by the laws of the jurisdiction alone”.