High Court grants limited discovery in a judicial review concerning the legality of a search warrant executed at a solicitor's office and the subsequent seizure of a mobile phone. The applicants, a solicitor and his firm, are contesting the search warrant's validity, the constitutionality of the legislation underpinning it, and the handling of data extracted from the seized phone. The court denied discovery for most of the requested categories, finding them unnecessary for resolving the legal issues at hand. However, discovery was granted for contemporaneous notes made by police during the search, which may clarify whether the phone was seized under the search warrant or separately during an arrest, a fact relevant to the case's outcome. The original High Court decision is being reviewed, with the applicants seeking to quash the search warrant and challenge the investigation's steps.
Judicial review, search warrant, mobile phone seizure, discovery application, money laundering investigation, legal professional privilege, constitutionality, Criminal Justice Act, Garda National Economic Crime Bureau (GNECB), Garda National Cyber Crime Bureau (GNCCB), Directive 2012/13/EU, public interest privilege, duty of candour, affidavit of discovery, arrest powers, privacy rights, Article 40.3.2° of Bunreacht na hÉireann, European Convention on Human Rights (ECHR).