Bolger v. Garda Commissioner [1998] IEHC 176; [2000] 1 ILRM 136 (15th December, 1998)

Bolger v. Garda Commissioner [1998] IEHC 176; [2000] 1 ILRM 136 (15th December, 1998)

The Applicant was not in custody at the time of the application; the detention complained of was spent, and Article 40 inquiry is not appropriate for the return of a passport or as a fast track for extradition proceedings. Regular court procedures are available for the issues raised.

Source-derived case information.

Citation
[2000] 1 ILRM 136
Parties
Applicant: Mr Bolger; First Named Respondents: Members of the Garda Siochana
Jurisdiction
Ireland
Procedural Posture
Article 40 Constitutional Application / Application to Discharge Conditional Order
Outcome
Conditional order discharged
Legal Topics
Habeas Corpus, Bail, Res Judicata, Judicial Review, Detention
Constitutional Law Extradition Law Criminal Procedure Habeas Corpus Bail Res Judicata Judicial Review Detention

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Bolger

Applicant

Members of the Garda Siochana

First Named Respondents

Procedural Posture

Article 40 Constitutional Application / Application to Discharge Conditional Order

Legal Issues

  1. 1 Whether Article 40 habeas corpus procedure applies to persons on bail
  2. 2 Whether alleged conspiracy and res judicata are proper matters for Article 40 inquiry
  3. 3 Whether the restriction on movement by surrender of passport constitutes detention

Ratio Decidendi

The Applicant was not in custody at the time of the application; the detention complained of was spent, and Article 40 inquiry is not appropriate for the return of a passport or as a fast track for extradition proceedings. Regular court procedures are available for the issues raised.

Court Disposition

Conditional order discharged

Orders

  • Conditional order under Article 40 discharged
  • Inquiry under Article 40 discontinued