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Fresh evidence may be adduced in habeas corpus proceedings to demonstrate legality of detention
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Court of Appeal allows appeal of High Court order releasing the applicant (who was on bail) following an inquiry into the lawfulness of his detention after it was discovered that his committal warrant contained errors in respect of the amount he was fined (after he was imprisoned for not paying his fine) and remits the matter to the High Court, on the grounds that: 1) during the currency of the habeas corpus proceedings, a detainer may adduce fresh evidence by way of order or warrant in order to justify the legality of the detention; and 2) in this case it will be open to the Governor to apply to have the certificate amended so as to include the new, corrected warrant.
Criminal law – habeas corpus – Article 40.4.2 of the Constitution – in what circumstances (if any) a detainer may apply to the High Court to receive fresh evidence by way of order or warrant in order to justify the legality of the detention – mootness doctrine – District Court decided to impose a fine of €3,000 and, in default of payment, a sentence of 90 days’ imprisonment – warrant which actually issued from that Court did not accurately reflect details of sentence – applicant did not comply with the conditions attaching to that temporary release and he was re-committed to prison – original warrant then came to be amended by the District Court – slip rule jurisdiction in order to amend the warrant – High court directed the release of the applicant – nature of documentary error – whether the defects in question were either harmless or de minimis on the one hand or were so fundamental that they destroyed the validity of the document on the other – detainer accepts that the original certificate as filed no longer affords the grounds by which the validity of the detention can be justified – applications to amend the Article 40.4.2 certificate – application to amend must come during the currency of the Article 40.4.2 hearing – remit matter to High Court to be reconsidered – appeal allowed.
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