The High Court has rejected Frank Ward’s application for release under Article 40.4.2 of the Constitution, finding that his detention had been shown to be in accordance with law.
Mr Justice MacMenamin delivered the ex tempore judgment on 31 July 2006 after the Supreme Court remitted five grounds for a full hearing. The remitted issues concerned the Governor’s return and the time Ward had been in custody. The Supreme Court had dismissed his appeal on other grounds.
Ward argued that the prison authorities should not be allowed to rely on certificates and warrants different from those used in the earlier hearings. He said he had not received the original return in time to respond, that only the Governor could certify the grounds for detention, and that the Circuit Court warrant was invalid because it was initially unsigned and unsealed. He also argued that the District Court warrant could not provide an alternative basis for detention because it was spent.
The respondent maintained that the certificates and warrants justified Ward’s detention. The High Court noted that the District Court warrant, dated 12 October 2004, directed detention until trial and was accepted by the respondent to be spent. The respondent therefore relied on a Circuit Court warrant associated with an order made by Judge Catherine Delahunt. The original warrant had not been signed or sealed as required by the Circuit Court rules; a County Registrar later signed it on 18 July.
The judge treated that defect as technical. He found no demonstrated substantive illegality, prejudice or maladministration, and no challenge had been made to the underlying Circuit Court order. He concluded that the later signature rectified the warrant’s technical defect without affecting the validity of the court’s order.
The court also held that Article 40.4.2 did not require the prison Governor to appear personally or to sign the certificate. A senior prison manager could certify the grounds, and the Assistant Governor’s certificate met the constitutional requirement. The judge said the Governor retained ultimate responsibility for custody.
The judgment addressed Ward’s placement in Portlaoise Prison, observing that the order appeared to direct detention in Cloverhill Prison. The court was told the position had been regularised, so it made no further finding on that issue. The final determination was that Ward’s detention had been shown to be lawful; the judgment did not order his release.