AN APPEAL against a High Court refusal to allow a new inquiry into the lawfulness of the detention of the Brixton escaper, Mr Nessan Quinlivan, was fixed yesterday by the Supreme Court for July 22nd.
Mr Quinlivan had originally brought a case claiming that he was illegally detained following the controversy over the composition of the Special Criminal Court. He brought his new application on the grounds that there was excessive delay by the judge in giving judgment in that case.
Mr Quinlivan (31), who is wanted by British police, is charged with falsely imprisoning Mr Michael Lyons, at Greenhill Road, Garryowen, Co Limerick, on August 25th last year.
Along with 16 other prisoners, he became involved in the controversy over the composition of the Special Criminal Court. Last October the three-judge court had included Judge Dominic Lynch, who was not a member of the court at the time. He had asked to be replaced and was removed last August, but never informed.
A number of prisoners, including Mr Quinlivan, were re-arrested, brought before another sitting of the Special Criminal Court and charged with the original offences for which they were detained. They claimed they were not properly released and were therefore illegally detained.
On April 23rd/24th, Mr Justice Kelly heard their case and on June 9th dismissed their claim.
In the new action, Mr Justice Geoghegan in the High Court refused Mr Quinlivan's application for a new inquiry into the lawfulness of his detention on the grounds that Mr Justice Kelly had delayed giving judgment.