Tranter v Executive Director of Department of Corrections

The High Court was presented with an application by David Stanley Tranter for relief under the Habeas Corpus Act 2001, seeking release on bail pending a hearing of appeal. Tranter, who is currently detained in Rimutaka prison under a valid warrant for a sentence of preventive detention following convictions for sexual offences, argued that a serious miscarriage of justice had occurred. The court had to determine whether Tranter's application for habeas corpus was validly made under the Act and whether it warranted a hearing or could be decided on the papers. The court also needed to clarify the appropriate avenues for Tranter to seek relief if he believed there had been a miscarriage of justice.

The court found that Tranter's application was substantially similar to previous habeas corpus applications which had been dismissed. The court reiterated that it would not inquire into a conviction entered by a court of competent jurisdiction and that no further applications could be made on grounds requiring a re-examination of substantially the same questions as those considered in earlier applications. The court concluded that Tranter's application was not properly brought under the Habeas Corpus Act and thus was appropriately dealt with on the papers. It was determined that if Tranter wished to seek leave to appeal his conviction or bail pending appeal, he should do so through the Court of Appeal or the Judge who presided at the trial in the High Court.

The court dismissed Tranter's application for relief under the Habeas Corpus Act, noting that his request for a hearing was inappropriate as the application was not properly brought under the Act. The court made it clear that Tranter could not continue to use the habeas corpus procedure to seek relief in this matter and should instead pursue other legal avenues if he believed there had been a miscarriage of justice.

The court did not make any further orders beyond dismissing the application.