21 Sept 2010
JOSEPH MARK PAHL V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC CHCH CIV-2010-409-002075
- Citation
- openlaw-0abc7dcf_2363_4428_94bd_350b6dde41ce.pdf
- Court
- High Court
The court will not grant a writ of habeas corpus unless the interim recall decision lacked any rational evidential basis; on the evidence that was before the panel convenor (breach of non-association at a sizeable assembly involving gang members and presence of methamphetamine plus the Probation Service manager's opinion on file review), the convenor had sufficient grounds to be satisfied on reasonable grounds that the applicant posed an undue risk, and therefore the detention was lawful and habeas corpus must be dismissed.