An appeal by Nessan Quinlivan, the Brixton prison escaper, against the refusal of the High Court to allow a new inquiry into the lawfulness of his detention, was refused by the Supreme Court yesterday. Quinlivan initially brought a case claiming that he was illegally detained following the controversy over the composition of the Special Criminal Court.
He brought a new action, which was subsequently refused by the High Court, on the grounds that there was excessive delay by the judge in giving judgment in the original case. Yesterday, the Supreme Court rejected his appeal.
Referring to the original inquiry, the Chief Justice, Mr Justice Hamilton, said that, having regard to the major issues of law and fact involved in the case, the inquiry had proceeded with reasonable expedition.
Quinlivan (31), who is wanted by British police, is charged with falsely imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick, on August 25th last year. He is being detained in Portlaoise Prison.
He was among 16 other prisoners who became involved in the controversy over the composition of the Special Criminal Court. Last October, the three-judge court had included Judge Dominick Lynch, who was not a member of the court at the time. He had asked to be replaced and was removed last August, but had not been informed of this.
A number of prisoners, including Quinlivan, were re-arrested, brought before another sitting of the Special Criminal Court and charged with the original offences. They claimed they were not properly released and were therefore illegally detained.