or click here to request site subscription to search and view all judgments
High Court refuses substantive relief in judicial review proceedings concerning a prosecution arising out of involvement in a road traffic accident, on the grounds that: (a) there were no objective reasons to justify the discretion to extend time; (b) there was nothing to suggest that the efflux of time was outside the control of the applicant; (c) there is a public interest in legal certainty and finality of litigation; and (d) there is a public interest in ensuring that criminal proceedings are heard and determined expeditiously.
O’Regan J: Criminal Law – judicial review – road traffic accident – sample of blood taken in hospital – whether gardaí must provide evidence that the medical professional is a treating doctor – extension of time – order quashing conviction – refusal to state a consultative case stated – order of certiorari for refusal to state a consultative case stated – mandamus directing judge to state a consultative case stated – order of prohibition in respect of prosecution of applicant – declaration of ultra vires – applicant appearing on appeal from District Court before the Circuit Court – whether judge failed, refused and/or neglected to exercise powers judicially – whether judge did not afford applicant any adequate or fair opportunity to properly present his application for the consultative case stated – date when grounds for the application first arose shall be taken to be the date of the court order – in event of non-compliance with three-month period, High Court may extend time – nothing to suggest that the efflux of time was outside the control of the applicant – public interest in legal certainty and finality of litigation – public interest in ensuring criminal proceedings are heard and determined expeditiously – no objective reasons to justify the exercising of the court’s discretion to extend time – substantive relief refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.