Daily to seek writ of habeas corpus

Press, 3 February 1979, Page 2

Daily to seek writ of habeas corpus

PA Auckland lan Malcolm Daily, sent to prison yesterday until he is extradited to Britain, will apply for a writ of habeas corpus. Mr T. R. Gillies, S.M., decided yesterday in the Magistrate’s Court at Otahuhu that Daily should be extradited to Britain. Outside the court when the hearing was over, Daily’s solicitor, Mr K. Ryan, said he would apply for a writ of habeas corpus as soon as possible. A writ of habeas corpus is an application to the Supreme Court seeking an order for the release from custqdy of a person. The Crown, at a hearing on Thursday before the Magistrate, sought to extra-

dite Daily to Britain on charge of injuriously detaining his wife without her consent and possessing a prohibited weapon, a gas cylinder. The Magistrate today said that he accepted that Daily had been one of three men who had burst into his wife’s flat in England; and he accepted that the men had had with them a teargas canister.

The Magistrate yesterday said he accepted that Daily dence on Thursday that there had been a third man involved; and Daily had also denied that there had been any violence. “Having seen and heard Daily and seen him crossexamined, I must say I am unimpressed, with his evidence and for the purpose of

this determination 1 reject it,” the Magistrate said. On the totality of the evidence before him, he was satisfied that the offences had been committed. “Having so found on the evidence, I have decided that you should be returned or extradited to the United Kingdom,” he told Daily. “I now therefore commit you to prison to await your return there.

“I am required by section 5 of the Fugitive Offenders Act, 1881, to inform you that you will not be surrendered until 15 days, and that you have a right to apply for a writ of habeas corpus or other like process.” Outside the court, Daily’s father, Mr D. Daily, said he was disappointed about the Court’s decision.