Inmate applying for habeas corpus told to re-apply at a later date

An inmate has applied for habeas corpus claiming he was being unlawfully detained. Photo / File

A prisoner who says he's being unlawfully detained has been told to have another crack at the case.

Brendon Forrest, appearing for himself at the High Court in Wellington today, applied for habeas corpus and said he was being unlawfully detained.

Justice Robert Dobson suggested Forrest, currently in a prison health facility, could re-apply when he was back in regular prison.

Forrest appeared through an audio-visual link. He said he was expecting an amicus curiae (friend of the court) to turn up, but they didn't.

It was earlier reported Forrest had been identifying as a transgender woman recently but today he appeared with a beard and did not object when addressed as "Mr Forrest."

The hearing mostly comprised procedural discussions around the Parole Act.

Justice Dobson said he hoped to release his judgement in writing later today. He said he agreed with Crown lawyer Peter Gunn this was not the right occasion to pursue the habeas corpus application.

"You've pursued numerous applications but I'm persuaded by Mr Gunn that the correct course is not to try to jump the fence on this occasion and I am assured that your rights are preserved in that you can pursue a section 92 process afresh."

Last year, the High Court in Wellington rejected Forrest's claim he should not be forced to wear orange overalls when meeting visitors to prison.

In another case, Forrest revealed some inmates were told to urinate on prison van floors.

The Herald on Sunday acquired emails showing Inspector David Morrison's felt Forrest's complaints had merit.

Authorities investigated the urination claims.

In August last year Forrest took the Department of Corrections to the Human Rights Review Tribunal, saying transgender inmates were being denied expensive hormone treatment.

Forrest was in jail for arson, threatening to kill and perjury, but is expected to be released this year.