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Court of Appeal dismisses appeal from High Court, and affirms refusal for leave for judicial review of the giving of evidence before an Irish court in respect of a request by Italian prosecutors who sought the assistance of the Irish authorities in obtaining evidence for an investigation underway in Italy, on the grounds that the applicant has a fundamental misconception as to the relationship between a criminal investigation and criminal proceedings, and leave for judicial review must be refused.
Judicial review – appeal of High Court refusal for leave for judicial review – mutual legal assistance contained in s. 51 of the Criminal Justice Act 1994 – request by Italian prosecutors who sought the assistance of the Irish authorities in obtaining evidence for an investigation then underway in Italy – European Convention on Mutual Assistance in Criminal Matters – manner in which the statute of limitations operates in Italy – whether the purpose of having documents or evidence received by Judge John O'Neill is so they can be introduced in evidence in the appeal in Italy against the acquittal of the appellant on the charge of tax fraud – High Court found the point being advanced by the applicant was not arguable because it was founded on a fundamental misconception – applicable time limit for bringing judicial review proceedings had expired – whether Mr. Agrama was engaged in a filibuster – whether there was non-disclosure on the part of the applicant – to grant leave is in effect and as a matter of practicality to decide the issue – fundamental misconception as to the relationship between a criminal investigation and criminal proceedings – Mr. Agrama has not made out a case even on the very low threshold of argueability – leave to seek judicial review refused – appeal dismissed.
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