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Challenge to lawfulness of detention should not be dismissed as an abuse of process
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Supreme Court, on appeal from the Court of Appeal, where the applicant claimed that his committal for contempt of court in the District Court was unlawful, detemines: (a) that a constitutional inquiry into the lawfulness of a person's detention should not be dismissed as an abuse of process, on the grounds that if a person were unlawfully detained, he should be released; and (b) in the instant case, no unfairness had arisen to the applicant who had been advised of his right to legal advice before committal, and where he and his solicitor had misled the High Court on affidavit as to what had taken place in the District Court.
Dunne J (majority decision): Lawfulness of detention - whether application could be dismissed as abuse of process - Article 40.4.2 of the Constitution - whether court limited to question of whether detention was in accordance with law - whether unfairness in District Court proceedings giving rise to detention - habeas corpus - failure to pay amount of judgment debt - application for instalment order - wilful refusal or culpable neglect - imprisonment - contempt of court - warrant of committal - whether opportunity to consult with solicitor - opportunity to purge contempt - duty of candour - whether duty of candour applied to Article 40 application - failure of applicant to inform High Court of history in ex parte application - affidavit sworn by solicitor who was not in court at time of contempt order - digital audio recording - blurring of lines between the exercise of the District Court's civil and criminal jurisdiction - whether necessary to inform the person of the charge of contempt of court - contempt in the face of the court - procedure for dealing with person behaving in a disruptive manner.
McKechnie J (dissenting): [Judgment not yet available.]
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