Manning v Governor of Castlerea Prison

CourtHigh Court
JudgeMr. Justice Richard Humphreys
Judgment Date17 May 2017
Neutral Citation[2017] IEHC 348
Docket Number[2017 No. 537 S.S.]
Date17 May 2017

[2017] IEHC 348


Humphreys J.

[2017 No. 537 S.S.]



Crime & Sentencing – Public Order Offence – Custody – Law of Habeas Corpus – Application for Inquiry under Art. 40.4 of Constitution – Successive Application

Facts: The applicant sought an inquiry under Art. 40.4 of the Constitution. The application questioned whether it would be appropriate to entertain a fresh application for an enquiry under Art. 40.4, where a prior Art. 40.4 application relating to the same detention had not been determined and remained outstanding.

Mr. Justice Richard Humphreys held that the application would be dismissed. The Court observed that the successive Art. 40 ex parte applications, even to different judges, and at least on different grounds or on fresh evidence, had existed historically. The Court stated that in the present case, the attempt to bring a further Art. 40 application prior to the determination of the prior application would be an inappropriate procedure.

EX TEMPORE JUDGMENT of Mr. Justice Richard Humphreys delivered on the 17th day of May, 2017

I am now dealing with an application for an inquiry under Article 40.4 of the Constitution which is sought by Ms. Marguerite Corbett and Ms. Noriko Manning in the name of Ms. Manning's husband, Dr. Stephen Manning who is currently serving a two month sentence (imposed by the Circuit Court on appeal) for a public order offence. This is in fact the third Article 40 application arising out of the same custody. [I previously dealt with three judicial review applications seeking to prohibit the trial in question at District Court stage, 2016 Nos. 865 JR, 866 JR and 918 JR. The latter decision is currently the subject of an application for leave to appeal to the Supreme Court (2017/59).]


The first Article 40 application is the matter entitled Gilroy v. Governor of Castlerea Prison [2017 No. 507 S.S.] which is an application that was brought by Mr. Ben Gilroy on behalf of Dr. Manning. The title of those proceedings reflects an incorrect understanding by Mr. Gilroy as to the correct procedure. An Article 40 application must always be made in the name of the detainee even if it is in fact moved at the ex parte stage by a third party on their behalf (see Walsh v. Minister for Justice and Equality [2016] IEHC 323 para. 14). In each case the correct applicant is the detainee. The application moved by Mr. Gilroy was refused by order of Noonan J. on the 8th May, 2017, and no appeal has been brought in relation to that order.


The second application, Manning v. the Governor of Castlerea Prison [2017 No. 9 S.S.P.] was brought by Dr....

To continue reading

Request your trial
2 cases
  • Allied Irish Banks Plc v McQuaid
    • Ireland
    • High Court
    • 10 September 2018
    ...Gilroy. It arose out of the detention of Stephen Manning in Castlerea Prison – see Stephen Manning v the Governor of Castlerea Prison [2017] IEHC 348. An order was made refusing the ex parte application, and in the judgment of Binchy J. of 18 May, 2017, the application for habeas corpus wa......
  • Manning v Governor of Castlerea Prison (No.3)
    • Ireland
    • High Court
    • 27 June 2017
    ...his behalf by Ms. Marguerite Corbett and Mrs. Manning which I rejected on the 17th May, 2017 [ Manning v. Governor of Castlerea Prison [2017] IEHC 348]. The third was an application brought by way of a habeas corpus prisoner application and dismissed by Binchy J. on the 18th May, 2017 [ Man......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT