Garda entitled to discovery in judicial review proceedings against Ombusdman

Judicial review - discovery application - applicant is a Garda based in Co Cavan - applicant seeks, inter alia, an order of certiorari preventing Garda Ombudsman Commission from carrying out investigation - investigation relates, for the most part, to events which occurred in 2007 and 2008 - Ombudsman previously carried out investigation into events in 2007 and 2008 - Ombudsman has determined that new complaint is admissible - applicant submits that Ombudsman is functus officio - applicant says purportedly new complaint is made outside statutory time limit - applicant says he is prejudiced by delay - applicant says "new information" illegally obtained - Ombudsman submits that new information has come to light which warrants separate investigation - that delay is due to complex background to case - O. 31, r. 12 of RSC - applicant seeks all documents relating to complaint in question up to decision on admissibility - whether information sought is relevant and necessary - judicial review not concerned with merits of decision - as a result, discovery of documents in more restricted - discovery will not normally be granted if judicial review is based on impropriety which may be established without it - Ombudsman says category sought is not relevant to the issues in this judicial review - Ombudsman says that documentation should not be discovered due to public policy, specifically the need for confidentiality - s. 81 of the Garda Síochána Act 2005 used to support this submission - Court finds that Ombudsman's objection on the grounds of confidentiality is premature - such privilege can, if appropriate, be asserted in the affidavit of discovery - Court finds that documents sought are relevant and necessary - accordingly, Court grants category of discovery sought.