The High Court dismissed Stephen Manning’s application for an inquiry into the lawfulness of his detention in Castlerea Prison, finding that the grounds he raised did not justify habeas corpus relief under Article 40.4.2 of the Constitution.
Mr Manning’s written application, dated 11 May 2017, challenged his detention under an order made by the Circuit Court on 4 May 2017. That court had affirmed a District Court conviction and two-month prison sentence imposed on 24 January 2017 for an offence under section 6 of the Criminal Justice (Public Order) Act 1994, as amended.
Mr Justice Binchy said the Circuit Court order was valid on its face. The application did not allege that either the District Court or Circuit Court lacked jurisdiction. Citing the Supreme Court’s decision in Ryan v Governor of Midlands Prison, he said an Article 40 application in these circumstances required an absence of jurisdiction, a fundamental denial of justice or another fundamental flaw.
Mr Manning alleged that the Circuit Court hearing ended before he had presented a defence and before he had finished cross-examining prosecution witnesses. The judge said those complaints were more appropriately addressed through judicial review than an Article 40 application. Complaints about the District Court proceedings were not relevant to the detention order, which followed a full rehearing in the Circuit Court, he said.
The application also referred to legal aid, alleged prosecutorial misconduct and interference with digital audio recording evidence, and said proceedings were before the Supreme Court. The judge said the District Court legal-aid complaint could not apply to the Circuit Court hearing; the misconduct complaint did not establish grounds for an inquiry; and he did not understand the complaint about the recording. Any ongoing Supreme Court proceedings, he said, did not affect the lawfulness of detention while the Circuit Court order remained in force.
The judge also rejected the general complaints about fair-hearing rights as too broad to ground an inquiry. Mr Manning had not said he applied for, or was refused, legal aid in the Circuit Court. The application was dismissed.