THE ART O’BRIEN CASE

Wanganui Chronicle, Volume LXXXI, Issue 18822, 12 July 1923, Page 5

THE ART O’BRIEN CASE

THE LAW ON THE SUBJECT. Received July 10, 10.30 p.m. T j tw . -LONDON, July 9. Lord Birkenhead delivered reasons ulij the House of Lords had no jurisdiction to hear the Home Secretary’s appeal m the Art O’Brien case. Lord Birkenhead said their Lordships were >ot authorised to examine the arguments in law whereby in the lower courts, the Attorney General attempts to justify these proceedings. The most important rule in connection with a habeas corpus writ was that which lays !t down that if the writ is once directed to issue, and discharge is ordered by a competent court, no appeal lies to any superior court. . Correlative with this rule was t.iat which nermits unsuccessful applicants for a’writ to apply -tom court to court to the highest tnbunal in the land. The Home Secretly. by forcibly handing over an applicant to the Free State Government, thereby disabled the Court of Appeal Hom effectively ordering discharge, and aepnyed him of ar ancient constituP riy, ' 3ge ’ Lcrd Birkenhead ytded that the argument submitted on behalf of the Home Secretary was the most remarkable he had ever heard, or lead, from the iips of an executive in attempting to pronounce upon the liberty of the subject Aus.-N.Z Cable Assn.