IRISH TRIBUNAL POWERS

Taranaki Daily News, 29 January 1934, Page 7

IRISH TRIBUNAL POWERS

ARGUMENT IN HIGH COURT REVERSAL OF ORDER SOUGHT THREE UNTRAINED IN LAW “UNPRECEDENTED CLAIMS” By Telegraph—Press Assn.—Copyright Dublin, Jan. 25. The hearing was resumed of argument in the case in which the AttorneyGeneral, Mr. C. A. McGuire, applied to the High Court to remove, with costs against General O’Duffy, the prohibitory order of the. High Court on January 1 preventing the military tribunal from hearing and determining the charges against General O’Duffy, Leader of the United Ireland Party, on the ground that the charges were outside the tribunal’s jurisdiction, also that the charges of unlawful association did not involve a legal, offence.

At the resumption, Mr. McGuire contended that the tribunal could legally charge a man with unlawful membership of an association three months ago, even though such membership was not criminal at the time.

Mr. Justice Hanna pointed out that citizens’ lives and liberties were in the hands of the three officers of the tribunal, none of whom was legally trained and from whom there was no appeal. Mr. McGuire said the court might tell the Civic Guard to arrest members of the tribunal and members might order the Guards not to arrest them. , The Guards must obey the tribunal and not the court.

Mr. Costello, for General O’Duffy, quoting Tennyson, declared that Mr. McGuire’s application, if granted, would entail red ruin and the breaking-up of the laws. His claims on behalf of the tribunal were unprecedented except in time of war or rebellion. The case was adjourned.