Arrest and re-imprisonment of escapee was lawful

Article 40.4.2 application – appeal of High Court ruling that the arrest and detention of the accused was not in accordance with law – habeas corpus – applicant escaped from Shelton Abbey, took no steps to conceal his whereabouts and was later arrived by gardai – whether the delay in his arrest and detention rendered it unlawful – ex turpi causa non oritur actio – whether the applicant's own conduct bars him from the relief of having his return to detention declared unlawful – was the arrest and detention of the respondent, who had escaped lawful custody in Shelton Abbey , in order to have him complete his sentence, a lawful arrest and detention – whether the applicant can be summarily sent back to prison to serve out his sentence – does the absence of an explanation for the delay in arresting the respondent amount to a breach of fair procedures or natural and constitutional justice in respect of his arrest and return to prison – must the power to arrest a person who has escaped from lawful custody be exercised expeditiously – details of his absconding should have been but were not entered up on the PULSE system – applicant did in fact actually mislead the Gardaí as to his identity – arrest and imprisonment of the respondent herein was made in accordance with law – appeal allowed.