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High Court, in habeas corpus proceedings, refuses to direct an inquiry into the applicant's detention in Limerick Prison (presumably on foot of a committal order made by the Circuit Court following a ruling that the applicant is in contempt of court by reason of his failure to comply with an earlier order of the Circuit Court), on the grounds that: a) the applicant’s committal until he purges his contempt does not amount to a good ground for challenging the validity of his detention on foot of such committal order; b) the complaints are more appropriate to an appeal than an inquiry into the lawfulness of his detention; and c) the applicant has put forward no material to suggest that the Circuit Court judge acted inappropriately or unfairly in refusing the application for the adjournment to facilitate legal aid.
Criminal law – Article 40.4.2 of the Constitution – habeas corpus – committal order made by the Circuit Court following a finding that the applicant is in contempt of court by reason of his failure to comply with an earlier order of the Circuit Court – fact that the applicant’s committal is until he purges his contempt does not amount to a good ground for challenging the validity of his detention on foot of such committal order – applicant has not advanced any basis on which to direct an enquiry into his detention pursuant to Article 40.4 of the Constitution or to make a conditional order of habeas corpus pursuant to O. 84 of the Rules of the Superior Courts – application refused.
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.
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