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Cite as: [1998] IESC 50

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Breathnach v. Governor of Limerick Prison [1998] IESC 50 (3rd December, 1998)

AN CHÚIRT UACHTARACH

THE SUPREME COURT

O’Flaherty J,

Murphy J.,

Lynch J.,

(232/98)

BETWEEN:

BREATHNACH

Applicant

.V.

GOVERNOR OF LIMERICK PRISON

Respondent

Judgment (ex-tempore) delivered on the 3rd day of December, 1998, by O’Flaherty J.

This matter was ruled on by Mr. Justice Carney on the 11th February, 1998. He said as follows:-

“This is yet another application from Stephen Walsh, currently calling himself Stefan Breathnach. I take judicial notice of the lawful sentence of the Special Criminal Court which he is currently serving and I also take judicial notice of the results of the numerous determinations I have made in applications brought by him. I have read his current complaints and they do not afford grounds for ordering an enquiry under Article 40 of the Constitution having regard to the test in that regard set out in The State (McDonagh) .v. Frawley [1978] IR 131.”

1. I would uphold the essential finding of the judge.

________________________________________________

-2-

2. But I would comment in addition that Mr. Walsh has not brought before us the sentence that he is serving and how he says it is vitiated or questionable in any way. Instead there is a long litany of complaints which would require the Court to enter into a general commission of inquiry into the various actions of various departments of Government. That, I conceive, is not part of this Court’s function. Accordingly, I would refuse him any relief. I would uphold the order of the High Court and dismiss the appeal.