Re Singer [No. 2]

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Supreme Court

(S.C.)

In re Singer [No. 2]

Second order of habeas corpus made - Accused immediately rearrested -Further charges preferred - Depositions taken and accused remanded in custody - Subsequent information and warrant of arrest - Prosecutor arrested thereunder - Whether lawfully in custody.

S. was charged with various offences of fraud. He was arrested on 30th May, 1959, and the taking of depositions commenced on 24th August, 1959. Informations were received against him on 23rd January, 1960, and he was returned for trial. No indictment having been presented, S. sought and obtained a conditional order of habeas corpus which was ultimately made absolute on 25th May, 1960, by the Supreme Court. S., in pursuance of the order of the Supreme Court, was released from Mountjoy Prison on 25th May, 1960. Immediately on his release he was rearrested outside the prison gates by Garda Officers on a warrant which they then read to him. He was subsequently brought before the District Court and three charges were preferred against him and he was remanded in custody. On the 4th June, 1960, he was brought before the Central Criminal Court to state whether or not he wished to be tried on the return for trial of 23rd January, 1960. Walsh J. then made an absolute order of habeas corpus discharging S.from custody. Immediately he left the courtroom he was rearrested. He was brought before the District Court on 8th June and a further nineteen charges were then preferred against him. Depositions were taken on nineteen subsequent days and S. was remanded in custody from time to time. On 13th July, 1960, on an information, a warrant for arrest was issued and S.was formally arrested and five further charges were preferred against him, and he was remanded in custody from time to time on those charges also. On 4th July, 1960, he applied for and obtained conditional orders of habeas corpusand prohibition. On a motion by the prosecutor to make absolute the conditional orders the High Court allowed the cause shown and discharged the conditional...