Mr Justice Gerard Hogan on Erskine Childers’s trial, habeas corpus, and execution -The Fifth Court podcast

By: Decisis

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On the new episode of The Fifth Court, Gerard Hogan of the Supreme Court of Ireland discusses the case of Erskine Childers, the renowned author of the Riddle of the Sands, who ran guns for the Irish Volunteers on his ship, the Asgard, was secretary to the treaty negotiating team for the Anglo Irish Treaty, but then joined the Anti-Treaty forces. Having been sentenced to death under 'military regulations' imposed by the Provisional Government, he applied for habeas corpus on the grounds that the regulations did not have force of law. Gerard Hogan takes up the story.

He also recommends the following books and music:

Lazarus, Closed Chambers: The Rise, Fall and Future of the Modern Supreme Court (1998)

O'Sullivan, The Irish Free State and its Senate (1940)

Sibelius, Oma Maa (My Country)(A hymn to Finland written during Finnish Civil
war in 1918)

Aaron Copland, A Lincoln Portrait (Music set to short extracts from some of
Lincoln’s Civil War speeches, finishing with Gettysburg).

And the hosts, Peter Leonard and Mark Tottenham, discuss the following cases:

Duffy v. McGee [2022] IECA 254 (Court of Appeal (civil), Noonan J, Collins J, 7 November

Powers v. Greymountain Management Ltd [2022] IEHC 599 (High Court, Twomey J, 28 October 2022)

Fitzgerald v. Revenue Commissioners [2022] IECA 255 (Court of Appeal (civil),
Costello J, 7 November 2022)

The podcast is available here, or on any good podcasting app.

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