There was inordinate and inexcusable delay in prosecution of claim alleging assault in garda station

Practice and procedure – appeal of order dismissing plaintiff’s claim for want of prosecution and on the grounds of inordinate and inexcusable delay – allegations of assault, battery and false imprisonment at Dundalk Garda Station – onus of proof on an application to dismiss a claim on the grounds of inordinate and inexcusable lies on the party who seeks that relief – Article 40.3.2 and Article 34.1 – Article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms – appellate jurisdiction of the Court of Appeal – whether delay is excusable – defendants have discharged the burden of proof and have established to the satisfaction of this Court that the plaintiff has been guilty of inordinate and inexcusable delay – where the balance of justice lies – appeal dismissed.