The High Court refused Shane Walsh’s application for release from Wheatfield Place of Detention under Article 40.4 of the Constitution, accepting a corrected certificate that satisfied the court he was in lawful custody.
Walsh had been convicted on two charges: robbery and assault causing harm. The judgment says he received sentences of two and a half years and three and a half years, respectively, with 20 months suspended on each. His committal warrant contained errors, including an incorrect detention period for the assault charge and a reference to a single suspended sentence rather than two.
The inquiry, before Mr Justice Richard Humphreys, examined the warrant, the certificates supplied by the respondent and the authority of the prison officials involved. The application initially named the Governor of Mountjoy Prison, while the inquiry order named the Governor of Cloverhill Prison. The judge amended the proceedings so the respondent was the Governor of Wheatfield Place of Detention, where Walsh was held.
The State submitted successive certificates as errors were identified and corrected. The operative, fifth certificate was produced on 29 September 2017. The judge accepted it, finding that Deputy Campus Governor Frances Daly had the management authority to certify Walsh’s detention. He also found that the certificate established lawful custody.
The judge held that the initial errors and delays did not require release. He said a respondent could be given a reasonable opportunity to correct certification errors in the interests of justice. He also concluded that even if the amended certificate had not been admitted, Walsh should not be released: he had been properly convicted and sentenced, and any defect in recording the sentence should be addressed through the criminal process rather than by release under Article 40.
The court refused release and made no order on a bail application, which it did not proceed with because the inquiry was being decided. It directed the respondent to file the fifth certificate and copies of the four earlier certificates. Walsh was awarded costs under the Legal Aid Custody Issues Scheme.