Dalton v Governor of Training Unit

• Jurisdiction: Ireland
• Judge: Judge Morris
• Judgment Date: 01 January 1999
• Neutral Citation: 1998 WJSC-HC 6289
• Date: 01 January 1999
• Court: High Court

1998 WJSC-HC 6289

THE HIGH COURT

DALTON v. GOVERNOR OF THE TRAINING UNIT GLENGARIFF PARADE DUBLIN, SHANNON FISHERIES BOARD, THE COMMISSIONER OF AN GARDA SIOCHANA

IN THE MATTER OF AN ENQUIRY UNDER ARTICLE

40 OF THE CONSTITUTION

BETWEEN

JAMES JESSIE DALTON

APPLICANT

AND

THE GOVERNOR OF THE TRAINING UNIT

GLENGARRIFF PARADE DUBLIN

SHANNON FISHERIES BOARD

THE COMMISSIONER OF AN GARDA SIOCHANA

THE DISTRICT JUDGE OF THE DISTRICT COURT OF KILBEGGAN

RESPONDENTS

Citations:

CONSTITUTION ART 40.4.2

CRIMINAL JUSTICE ACT 1951 S23

FISHERIES (CONSOLIDATION) ACT 1959

FISHERIES ACT 1980

CRIMINAL JUSTICE ACT 1951 S26

FLYNN, STATE V GOV OF MOUNTJOY PRISON UNREP BARRON 6.5.1987 1987/2/653

DPP, PEOPLE V MURPHY UNREP CCA 29.4.1997

CRIMINAL JUSTICE ACT 1993 S2

O'DRISCOLL V GOV OF CORK PRISON 1989 ILRM 239

DUTTON V O'DONNELL 1989 IR 218

Synopsis

Constitutional Law

Habeas corpus; detention; offences contrary to the Fisheries Acts 1959–1980; failure to pay fines imposed; subsequent execution of committal warrants; delay; petition lodged with the Minister for Justice; whether the delay in the execution of the committal warrants was inexcusable; whether delay was excusable in that the delay was to enable the Minister to adjudicate upon the petition; whether warrants should have been executed as soon as was reasonably possible; whether applicant contributed to the delay Held: Order granted; no reasonable explanation for the delay, applicant did not contribute to the delay Dalton v. Governor of the Training Unit - High Court: Morris P. - 29/11/1998

During the currency of a petition to the Minister for Justice there were reasonable grounds for withholding the execution of warrants for the committal of the applicant on foot of a District Court order convicting him of a number of offences and fining him £300 in respect of each of seven offences in default of payment of which within 45 days he would be imprisoned for a period of 45 days. However, prior to and subsequent to the currency of the petition there was no explanation for the delays that occurred. The applicant had been fined and convicted on 26 July 1995. On a date prior to 12 February 1996 the applicant through his T.D. petitioned the Minister and on October 1, 1998 the warrants were executed, the gardai having been told in April 1998 that the warrants were to be executed. There had been a delay in the exercise of a lawful power by the garda authorities and this would not be permitted to deprive somebody of a constitutional right that the warrant be issued as soon as reasonably possible. The High Court so held in granting the relief sought.

1 Judge Morris delivered on 29th November 1998

2 On the 13th October, 1998 the Applicant applied to me and I made an Order in accordance with Article 40.4.2 of the Constitution that the first named Respondent due produce the body of the Applicant before the Court and certify in writing the grounds for his detention. The facts relied upon by the Applicant were contained in the Affidavit of his Solicitor, Mr. Anthony Murphy. In this Affidavit Mr. Murphy said that his client, the Applicant, was committed to the Training Unit at Glengarriff Parade, Dublin 7 on foot of various committal warrants to serve 45 days in default of payment of fines.

3 From that Affidavit it appears that the Applicant appeared in Kilbeggan District Court on the 26th July 1995 where he was tried and convicted of a number of offences contrary to the Fisheries Acts 1959/ 1980. Fines of £300 were imposed in respect of each of seven offences and in default it was directed that the Defendant would be lodged in prison at Mountjoy to be imprisoned there for a period of 45 days unless the sum be sooner paid.

4 The prosecuting body was the Shannon Fisheries Board.

5 The Applicant was not in a financial position to pay the fines and a petition to the Minister for Justice pursuant to Section 23 of the Criminal Justice Act 1951was made seeking that the Minister would remit the punishment imposed by the Court.

6 The warrants were duly executed on the 1st October 1998. The Applicant claims that there was inexcusable delay in the execution of the warrant and claims to be entitled to be set at liberty.

7 The following is a statement of the relevant dates in this case.

8 26th July 1995 the Applicant was convicted of seven offences under the Fisheries Act 1959/ 1980.

9 On a date prior to the 12th February 1996 the Applicant, through his T.D., Ms Mary Wallace petitioned the Minister to commute or remit in whole or in part the punishment imposed pursuant to Section 26 of the Criminal Justice Act, 1951. On this date (12th February 1996) the Applicant was made aware that the said petition had been made on his behalf.

10 On the 19th February 1996 the Minister for Justice in correspondence with Mary Wallace T.D., indicated that a petition had been opened on behalf of the Applicant and accordingly the Gardai refrained from executing the warrants.

11 2nd April 1997 the Gardai received correspondence from the Department of Justice indicating the warrants were still under petition. The Gardai accordingly refrained from executing the warrants.

12 April 1998 the Gardai received instructions that irrespective of the state of the petition to the Minister all warrants in respect of the said petitions were to be executed. This, I am satisfied, was a direct result of a ruling given by Carney J. in a similar case.

13 1st October, 1998 the warrants were executed.

14 The first ground relied upon by the Applicant is that the warrant was not executed as soon as reasonably possible after default was made in the payment of the fines. Under the Order of the District Court a period of 45 days was provided for as the period within which the fines were to be paid. This runs from the 26th July...