The High Court has ruled that Mervin White’s detention in Mountjoy Prison under a re-issued District Court warrant was lawful, rejecting his application for release under Article 40 of the Constitution.
White had been prosecuted for road traffic offences, including drink-driving, arising from 12 October 2012. After repeated failures to attend court, he was sentenced in his absence on 10 December 2014 to two months in prison.
He challenged that sentence through judicial review, arguing that the District Court had no jurisdiction to sentence him while absent. The High Court stayed execution of the committal warrant while that challenge was pending. The judicial review failed in May 2016, and the Court of Appeal dismissed White’s appeal in June 2017, continuing the stay until 31 July.
While that stay was still in place, Garda Niall O’Connor applied on 5 July 2017 to have the committal warrant re-issued. The Garda placed before the District Court the original warrant, the High Court stay, the Court of Appeal judgment and correspondence explaining why the warrant had not been executed. The re-issued warrant was executed by agreement on 8 August, when White entered Mountjoy Prison.
White argued that the District Court could only re-issue a warrant where a person or their property could not be found, conditions set out in legislation dating from 1851. He also challenged the wording and certification associated with the re-issued warrant.
Mr Justice Noonan held that these were detailed jurisdictional arguments better suited to judicial review. Article 40 is reserved for detention affected by a fundamental defect, lack of jurisdiction in the strongest sense or basic denial of justice.
The judge found that the warrant was not manifestly invalid. Any ambiguity in its stamp could be considered alongside the documents presented to the District Court, which showed the history and reason for re-issue.
White had therefore not established the fundamental flaw required for habeas corpus relief. His detention was declared lawful and the application was refused.