A bid by a man charged with theft offences to be released on bail from prison because he was not legally represented when he was remanded in custody has been thrown out by the High Court. This is the second case this week where the High Court has refused to order an inquiry into alleged unlawful detention linked to a lack of representation by a solicitor. The judge said it is the solicitors’ prerogative to act or not to act because of a dispute over pay and they cannot be criticised for doing so. However, Mr Justice Twomey said an alleged unlawful detention that came about because of a solicitor's financial choices is not a basis for ordering an inquiry under Article 40. The accused man, he said, could appeal the refusal of his bail and such appeals or re-hearings are available practically every day during the vacation sittings of the High Court.