People, at the Suit of Attorney General v Matthew Bruton

• Jurisdiction: Ireland
• Court: Court of Criminal Appeal
• Judgment Date: 01 January 1942
• Date: 01 January 1942

(C.C.A.),

The People, at the Suit of the Attorney-General

and

Matthew Bruton

Information necessary to public safety - Refusal to give information - Opinion of officer requesting such information -Necessity of direct evidence - Miscarriage of justice - Emergency Powers Act, 1939 (No. 28 of 1939), ss. 2, 5, 6 - Emergency Powers Order, 1939 (S. R. O. No. 224 of 1939), Art.78 - Courts of Justice Act, 1928 (No. 15 of1928), s. 5.

1. Art. 78 of Emergency Powers Order, 1939, is as follows:—"(1) Without prejudice to any special provision contained in this Order, any person shall, on being requested by or on behalf of a Minister so to do, furnish or produce to such authority or person as may be specified in the request any such information or article in his possession as may be so specified, being information or an article which the authority or person making the request considers it necessary or expedient in the interests of public safety or the preservation of the State to obtain or examine. (2) Any person to whom a request is made under this Article to furnish any information shall furnish that information within such time and in such form as may be specified in the request." B. having made a statement was requested by W. to furnish more information. W. also showed B.an authorisation from the Minister for Supplies, in the form prescribed by the Article, authorising him (W.) to request any information concerning the source from which he (B.) got the petrol coupons sold by him, which information W.considered it expedient in the interests of public safety to obtain. At the trial of B. for refusal to give...