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Order for committal of jailed “water rates protesters” was invalid
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High Court, in habeas corpus proceedings, orders the release of jailed “water rates protesters” finding that the committal warrant holding them was lacking in material respects required by the rules of the courts.
Criminal law – habeas corpus – application pursuant to Article 40.4.2 of the Constitution – jailing of ‘water rates protester’ – whether committal warrant is lacking in material respects required by Order 44, rule 2 of the Rules of the Superior Courts – court’s jurisdiction – reluctance to review the procedures adopted in another division of the High Court – Costello (The Law of Habeas Corpus in Ireland (Four Courts Press 2006) – Form No. 12 in Appendix F, Part II – whether there was a fundamental error on the face of the record – order of committal is deemed to be invalid – release of prisoners ordered.
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