§ 88. Brigadier Medlicottasked the Secretary of State for the Home Department what was the precise statutory or other authority on which he released Mr. William Painter from the sentence of imprisonment imposed upon him for climbing the statue of Eros; and why the normal procedure was not followed of allowing the matter to be dealt with by way of appeal to the High Court.
§ Mr. EdeThe authority for holding a convicted prisoner is the committal warrant which the Governor receives from the court. In this case the magistrate before whom Mr. Painter was brought overlooked that he had no jurisdiction to try the case summarily. As soon as he discovered the error, he drew my attention to it and asked me to take appropriate action. In the circumstances it was clear that the committal warrant was not authority for continued detention and I therefore directed that he could no longer be held under that warrant.