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Appeal against damages for malicious prosecution by gardaí dismissed as awards upheld for wrongful prosecution
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The Court of Appeal dismissed appeals by two gardaí and the State against High Court jury awards for malicious prosecution in favour of two brothers, both Italian nationals, who had been wrongly accused of theft, arrested, and prosecuted following an incident on a tram in Dublin. At trial, the jury found that the prosecution had been maintained for an improper purpose—to deter the brothers from seeking legal advice regarding their treatment by the gardaí—and that the prosecution lacked honest belief and reasonable grounds. The Court of Appeal upheld the High Court's decision, finding no error in the judge’s directions to the jury or in the awarding of €95,000 in damages to each plaintiff. The Court affirmed that the trial process had been fair, the jury had been properly instructed, and the damages were not excessive given the reputational harm and distress caused. All grounds of appeal, including challenges to the conduct of the trial, the assessment of credibility, and the scale of damages, were rejected. The respondents were awarded costs of the appeal.
malicious prosecution – damages – jury award – Garda Síochána – wrongful arrest – High Court appeal – improper purpose – false imprisonment – battery – quantum of damages – trial conduct – assessment of credibility – judicial directions – costs of appeal – Rules of the Superior Courts (RSC)
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