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High Court, in respect of two separate sets of proceedings brought by a prisoner seeking to sue for an alleged assault, refuses an application for leave to seek judicial review, on the grounds that: (a) the primary claim sought by the applicant was an award of damages; (b) the application for leave to seek judicial review was misconceived and should have been prosecuted by way of plenary action; and (c) the applicant had failed to comply with the relevant time limits under the Rules of the Superior Courts in bringing the application for leave to apply for judicial review.
High Court - application for leave to seek judicial review - applicant a prisoner in Mountjoy Prison - applicant sought to sue for damages for assault - handwritten document containing allegations that Gardaí made false statement as to the circumstances of the alleged assault - alleged that jury in Circuit Court trial had rejected version of events given by Gardaí - clear that applicant sought to claim damages for assault - claim ought to be prosecuted by way of plenary action and not by way of judicial review - attempt to proceed by way of judicial review was misconceived - applicant had not complied with time limit for application for leave to apply for judicial review - power to extend time - no basis for extension - legal principles - application for leave to seek judicial review in respect of each set of proceedings refused - copy of judgment directed to be sent to the Commissioner of An Garda Síochána
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