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Moldovan who smuggled cigarettes into country and could not take up bail is held to be in lawful custody
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High Court, by way of a habeas corpus application, refuses to order the release of a Moldovan national who could not take up his bail, finding that the conduct of the District judge in not offering him time to pay a statutory fine was not unfair in all the circumstances since he had just arrived in this country with smuggled cigarettes and had no stated ties to this country.
Criminal law – Article 40.4.2 application – habeas corpus – s. 119 of the Finance Act 2001 – decision of the District Judge to fix a cash lodgement and independent surety with the minimum conditions of bail in the circumstances of the applicant having just arrived in the State was reasonable and appropriate – whether the District Judge, in not offering the applicant time to pay was disproportionate, unreasonable and unfair – applicant is in lawful custody.
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