High Court refuses leave to judicially review decision by the Garda Síochána Ombudsman Commission not to investigate a complaint arising out of An Garda Síochána’s refusal to investigate an allegation of perjury in a High Court personal injuries action, on the grounds that the applicant was out of time and had not established arguable grounds.
Judicial review – application for leave - applicant struck by a bus in 1991 – brought Circuit Court personal injury proceedings – transferred to the High Court in 2008 – action was dismissed – appealed to the Supreme Court – appeal struck out in unclear circumstances – made in person to the Gardai an allegation of perjury which he claimed occurred in the course of his main High Court action - Gardaí refused to have his complaint investigated on the ground that it was a civil matter - submitted a complaint to the Garda Síochána Ombudsman Commission (GSOC) - declared his complaint to be inadmissible – brought judicial review proceedings – seeking to challenge the decision of GSOC – seeking an order directing the government to conduct an inquiry – seeking an order setting aside the High Court order dismissing his case – second and third reliefs not matters for judicial review – GSOC decision made in May, 2015 – applied for judicial review in February, 2016 – outside the three-month time limit - no legal grounds for an extension of time – no arguable grounds - not an arguable proposition to suggest that Gardaí are guilty of misconduct in failing to investigate an allegation of perjury made by the losing party to a civil action six years before – Court refused leave to judicial review.