The Court of Appeal has dismissed Paul O’Shea’s appeal against a High Court decision that his detention in Mountjoy Prison was lawful. It held that the documents supporting his custody were in order, but did not decide whether the earlier contempt finding was correct or whether he had breached the underlying injunctions.
The ex tempore judgment was delivered on 30 March 2015 in an appeal under Article 40 of the Constitution. The court said its task was limited to reviewing the lawfulness of O’Shea’s detention, not reconsidering the evidence behind the High Court orders that led to his imprisonment.
In July 2013, Laffoy J. made injunctions restraining O’Shea from specified actions. In late 2014, receiver Mr Maloney applied for orders of attachment and committal, alleging that O’Shea had not complied with those injunctions. On 15 January 2015, Hunt J. ordered his attachment and committal; a committal order followed on 16 January. O’Shea was later arrested by Gardaí and lodged in Mountjoy Prison.
Gilligan J. began an Article 40 inquiry into the detention on 26 March 2015 and, the following day, ruled that the return to the order justified detention. O’Shea appealed. The Court of Appeal said the Governor was required to receive him into the prison under the court orders and could not revisit whether those orders were made correctly.
The appeal court said O’Shea could return to the High Court and agree to abide by the injunctions, or seek to appeal Hunt J.’s order, including applying for an extension of time and release or bail pending an appeal. It said the receiver would have to be heard in any such application. The court also noted that an application to set aside the High Court order could be available if O’Shea had been taken by surprise by the transfer of the matter to Hunt J. The judgment did not determine whether any of those grounds would succeed.
The court reserved its position on whether a person may generally make an application on behalf of another, saying the circumstances did not establish a general rule. It ordered costs, to be taxed in default.