Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses application for certiorari quashing road traffic convictions, on the grounds that: (a) the delay in the case was insufficiently explained and the procedural rules for obtaining an extension of time had not been followed; (b) the applicant had failed to lodge a copy of the impugned order before the court as required by the procedural rules; and (c) the overriding factor must be the justice of the case as a whole and while the procedural failings alone would not persuade the court to refuse relief if the applicant had an otherwise meritorious claim, his substantive claim was extremely weak in respect of one offence and he had no case in respect of the other.
Application for order quashing Circuit Court order dismissing appeals against conviction in the District Court - applicant arrested after driving erratically - garda formed the opinion that the driver was drunk - garda arrested applicant at 4.10am and brought him to the station - garda was unable to access the equipment for a breath test - doctor contacted at 5.35am but did not arrive until 6.30am - applicant refused to provide blood or urine samples - applicant charged with failing to provide a sample and dangerous driving - applicant convicted in District Court and appealed both convictions to the Circuit Court - appeals were dismissed - whether time taken by doctor to attend garda station amounted to a delay sufficient to render the arrest of the applicant unlawful - whether, if arrest was unlawful, the evidence of ,the two road traffic offences was inadmissible under the exclusionary rule - whether applicant had delayed in seeking judicial review of the Circuit Court order - whether applicant ought to be refused relief as he had not lodged a copy of the Circuit Court order - whether applicant ought not to be allowed to raise his arguments in respect of the dangerous driving conviction when in the Circuit Court submissions were solely on the failure to provide a sample.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now