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High Court makes order compelling non-party discovery and production of documents by the Garda Síochána Ombudsman Commission in respect of materials that were before it when it made a decision that was later quashed, on the grounds that: (a) the effect of certiorari was to invalidate a decision and deprive it of legal effect, not to create a privilege against disclosure and, in the absence of a decision otherwise, the relevant public body was free to consider the matter afresh; (b) implicitly, therefore, the materials previously before the decision-maker remained before the decision-maker; and (c) an order such as that made in this case had only quashed the records embodying the actual decision, not the material that was before the decision-maker.
Application seeking direction that the Garda Síochána Ombudsman Commission (GSOC) should comply with previous order against it for non-party discovery and seeking production of the documents discovered - underlying proceedings concerning alleged bullying, harassment and intimidation of the plaintiff when he was a Garda sergeant - plaintiff's allegation that this arose out of an investigation in respect of which he made a complaint about the actions of a superintendent - on foot of plaintiff’s complaint GSOC came to the view that the superintendent showed very poor judgement and compromised the investigative process and that his actions were wholly inappropriate - GSOC decision later quashed and matter not remitted to GSOC for fresh decision - whether order of certiorari in respect of GSOC decision precluded discovery of the materials that were before GSOC - whether order of certiorari applied to the underlying documents as distinct from the records of the decision quashed.
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