Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court, in habeas corpus proceedings, refused to direct an enquiry under Article 40.4.2 of the Constitution in a case where the applicant, who was not legally representing any detained person nor detained himself, sought to challenge the legitimacy of previous criminal proceedings and convictions. The court found that the application, which was based on assertions of miscarriages of justice and perjury without credible factual support, did not provide grounds to question the jurisdiction of the criminal court that convicted the individuals in question. The court also noted the applicant's history of similar unsuccessful applications and emphasised the need for new grounds in any fresh Article 40 applications.
Article 40.4.2 of the Constitution, habeas corpus, standing, miscarriage of justice, perjury, false evidence, criminal court jurisdiction, repeated applications, new grounds, High Court, unlawful detention, sovereign citizen, fraudulent court orders, criminal trespass, armed intrusion, unlawful eviction, wrongful conviction, Director of Public Prosecutions.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now