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High Court, in habeas corpus proceedings, upholds the lawfulness of a detention in circumstances where the detainee had been detained by order of the Circuit Court for 14 days for contempt of court, finding that there were no grounds for doing so, and that there had been no change in the law since this precise offence and precise instance of contempt has been considered in detail by other courts, including the Supreme Court in February 2019.
Article 40.2 of the Constitution – habeas corpus – ex parte application on behalf of David Walsh detained in Cork Prison – made by Mr Damian Gibney without written consent of Mr Walsh – Noonan J heard original application and instructed Mr Gibney to obtain consent of Mr Walsh – lack of written consent sufficient to refuse application but importance of nature of application dictates being dealt with on the merits – Mr Walsh detained by order of Circuit Court for fourteen days for contempt of Court – caselaw states this is a precise offence and precise instance of detention – claim that law had changed – no inconsistency between the two judgements – no grounds for stating the detention unlawful – no inquiry directed.
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