Koranteng -v- Judge Sheridan & Anor, [2009] IEHC 31 (2009)

Docket Number:2009 8 JR
Party Name:Koranteng, Judge Sheridan & Anor
Judge:Edwards J.
 
FREE EXCERPT

THE HIGH COURT

JUDICIAL REVIEW2009 8 JR

IN THE MATTER OF AN APPLICATION FOR AN INQUIRY PURSUANT TO ARTICLE 40.4.2º OF THE CONSTITUTION OF IRELAND 1937

BETWEEN

FRANK KORANTENGAPPLICANTAND

THE GOVERNOR OF CLOVERHILL PRISONRESPONDENT

CONVERTED BY ORDER TO:

THE HIGH COURT

JUDICIAL REVIEW2009 8 JR

BETWEEN

FRANK KORANTENGAPPLICANTAND

DISTRICT JUDGE SHERIDAN AND

THE DIRECTOR OF PUBLIC PROSECUTIONSRESPONDENTSJUDGMENT of Mr. Justice John Edwards delivered the 12th day of January, 2009.

These proceedings commenced as an application for an inquiry under article 40.4.2 of the Constitution of Ireland into the lawfulness of the applicants detention at Cloverhill Prison. The Court of its own motion has decided in the exercise of its inherent jurisdiction to treat this application as an application for leave to apply for judicial review and has granted the applicant leave to apply for various reliefs by of judicial review against the respondents in the proceedings as reconstituted. The applicant is unhappy with the Court's ruling in this regard and has requested the Court to state its reasons for its ruling. I now give those reasons.

The applicant in this matter is currently on remand at Cloverhill Prison, having been remanded in custody at Cloverhill District Court on 6th January, 2009 on foot of Dublin Airport Charge Sheet No. 815537 for an offence contrary to s. 12 of the Immigration Act, 2004.

Section 12 of the Immigration Act, 2004 provides (inter alia):-

(1) Every non-national shall produce on demand, unless he or she gives a satisfactory explanation of the circumstances which prevent him or her from so doing - (a) A valid passport or other equivalent document, issued by or behalf of an authority recognised by the government, which establishes his or her identity and nationality, and

(b) In case he or she is registered or deemed to be registered under this Act, his or her registration certificate. (2) A non-national who contravenes this section shall be guilty of an offence.

(3) In this section "on demand" means on demand made at any time by any Immigration Officer or a member of the Garda Síochána.

Section 13 of the Immigration Act, 2004 provides that a person guilty of an offence under the Act shall be liable on summary conviction to a fine not exceeding 3,000 or to imprisonment for a term not exceeding twelve months or to both.

It appears from an affidavit placed before the court by Paul Byrne, solicitor for the applicant, sworn on the 7th January, 2009 that the applicant was charged with the said offence on 27th October, 2008 by a Detective Garda Cathal Brennan. A copy of the charge sheet was exhibited before me. Mr. Byrne further deposes that the applicant was produced in custody before District Court 44 in the Dublin Metropolitan District on the said date. An application was made by Detective Garda Brennan for a remand in custody, as the identity of the applicant had not been conclusively established. The applicant consented to the said remand. Thereafter the...

To continue reading

REQUEST YOUR TRIAL