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The court dismissed a third-party habeas corpus application for an uncooperative accused but ordered her extraction to ensure disclosure and review her pretrial detention.
The Petitioners, Partap Dua and James McNair, brought a "Petition for Writ of Habeas Corpus" on behalf of Parmjit Kaur Deol, who was in pretrial detention.
The application alleged unlawful detention due to lack of Crown disclosure and inadequate information about court dates.
The court dismissed the application, finding the Petitioners failed to establish a ground to question the legality of Deol's liberty deprivation.
The court assumed standing for the Petitioners and found the absence of Ms. Deol at the hearing was not a bar.
Despite dismissing the application, the court exercised its inherent jurisdiction to order Ms. Deol's in-person appearance for disclosure and to address potential non-compliance with Criminal Code section 525(1).
