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Court of Appeal allows appeal from High Court, and sets aside order directing the release of a prisoner who was found to be in contempt of court for which he was sentenced to two weeks imprisonment after he persistently refused to accept the Circuit Court’s ruling denying him a right of advocacy on behalf of his sister in repossession proceedings, on the grounds that (a) a presiding judge must be afforded very wide discretion to make a judgment call as to whether the mere expulsion from court of the individual in question was sufficient and appropriate or whether it was necessary to impose a more severe penalty, including imprisonment; and (b) the decision of the court to imprison the respondent for two weeks for contempt of court was reasonable, proportionate and lawful.
Article 40.4.2 – habeas corpus – appeal of High Court order directing the release of the prisoner – repossession proceedings – respondent found in contempt of court for which he was sentenced to two weeks imprisonment – banking law – respondent persistently refused to accept the learned Circuit Court judge’s ruling denying him a right of advocacy on behalf of his sister – Law Reform Commission, Consultation Paper on Contempt of Court (July, 1991) – decision of the learned Circuit Court judge to imprison the respondent for two weeks for contempt of court was reasonable, proportionate and lawful – appeal allowed
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