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No constitutional basis for enquiry into continued detention
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High Court, in an application for habeas corpus, refuses to direct an enquiry into the applicant's continued detention in prison on foot of a committal warrant issued by the Court of Criminal Appeal in 2012, on the grounds that the applicant's arguments - that there is no constitutional mandate for imprisonment and for punishment for breaches of law or social retribution - are simply incorrect.
Application for habeas corpus - application in writing for an enquiry - challenge to legality of committal warrant - sentence of 20 years' imprisonment to date from 6th October 2003 handed down by Court of Criminal Appeal - warranted dated 16th January 2012 issued following order of Court of Criminal Appeal - argued that original committal warrant is 'of no statute standing' (sic) as it is not consistent with Articles 36 & 40.4.1 of the constitution - alleged no constitutional mandate for punishment for breaches of law or social retribution - no specificity in Constitution as to how personal liberty is to be interpreted or applied - Article 36 has no particular bearing on application - imprisonment per se is not unlawful - no basis upon which Court court be satisfied to direct an enquiry pursuant to Article 40 of the constitution.
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