HABEAS CORPUS.

Manawatu Times, Volume XLVI, Issue 2643, 11 May 1923, Page 5

HABEAS CORPUS.

O'BRIEN APPEAL UPHELD. NO JURISDICTION OVER IRISH SUBJECT. FAR.REAOHING DECISION. [By Electric Cable —Copyright.] [Aupt. and N.Z. Cable Association.] (Received Thursday,. 7 p.m.) LONDON, May 9. Mr Art O'Brien's appeal for a writ of habeas corpus has been granted. The Appeal Court held that the internment order was bad. in delivering judgment, Mr Justice Bankes expressed tho opinion that since th e establishment of the Irish Free State, the Home Secretary could not properly make an order for the internment of a person in tho Free State. The order deprived the Executive of England of right to direct the release of an interned person, whilo an interned person was deprived of the particular form of control provided by the regulations. No order could be jnade for internment in the Free State which would comply with the regulations. It would seem from the Home Secretary's answers in Parliament that he was under the impression that he had not lost control of the internees, but, according to O'Brien's affidavit, he was now under th G control of an official of tho Free State. ' Therefore the question could not be properly dis. posed o.f unless th e rule nisi was made absolute. This would give the Home Secretary the opportunity of making the position clear. Tho Judge added: •'lt would not be out of .place to ob. serve that the practice of legislating by Order.in.Council is one which has led to difficulties and dangers, of which the present case is an illustration." Mr Justice 'Bcrutton and Mr Justice Atkin concurred.

The Attorney-General said the decision, which was a reversal of that given in the Divisional Court, raised questions of grav 0 import. It was therefore the intention of thos©. instructing him to carry the appeal to 'the House of Lords,

Mr Justice Bankcs said the Court had anticipated that that would be done. An application would be made to the Lords to expedite the hearing.

A recent message stated that a curious position had arisen in connec. tion with the recent Irish deportations from Britain. It is said that should the Court's decision in the O'Brien case bo against the Homo Secretary, the Government would have no alternative except to ask Parliament to pass an Act to indemnify and absolve the Home Secretary from the penalties which might attach-to his act in con. nection with the recent deportations.