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Bulk of action struck out against State alleging Garda stalking and harassment
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The Court of Appeal has allowed the State's appeal against the High Court's refusal to dismiss an individual's action for damages against the State for alleged stalking and harassment by An Garda Síochána. The Court found no credible basis for the individual's assertion of a Garda campaign of harassment and concluded that the claim disclosed no reasonable cause of action, had no reasonable chance of success, and was bound to fail, thus constituting an abuse of court process. However, the Court did not dismiss two specific allegations of assault by named Gardaí, as these claims were found to disclose a reasonable cause of action and the State had not proven they were bound to fail. The State was directed to deliver a defense within 28 days regarding the assault claims, and the individual's further amended statement of claim was not considered to advance the case.
Court of Appeal, An Garda Síochána, stalking, harassment, abuse of process, assault, credible basis, reasonable cause of action, Garda Commissioner, GSOC (Garda Síochána Ombudsman Commission), inherent jurisdiction, Rules of the Superior Courts (RSC), Non-Fatal Offences Against the Person Act 1997, High Court, plenary summons, statement of claim, amended statement of claim, motion to dismiss, O. 19, r. 28.
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.
