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High Court refuses all relief in proceedings for malicious prosecution, on the grounds that: (a) as a matter of law, where it was found that proceedings were instituted with reasonable and probable cause, that of itself constituted a complete defence to the tort of malicious prosecution regardless of a defendant’s motive for instituting the proceedings; (b) the evidence before the court in the case pointed to the conclusion that the institution of proceedings had been with reasonable and probable cause; and (c) notwithstanding this, there was no evidence in the case of malice, merely of a prosecution that was not run as well as it could have been.
Proceedings seeking relief for malicious prosecution by An Garda Síochána - plaintiff ripped epaulette from garda during a protest after the same garda allegedly pushed him - subsequently charged with criminal damage to the garda’s jacket - gardaí failed to place jacket in evidence bag and document chain of custody thereafter - plaintiff convicted in District Court but conviction quashed on appeal as no certainty that the right jacket was tendered in evidence - whether An Garda Síochána had been actively instrumental in putting the law in force - whether there was an absence of determination of the plaintiff's guilt of the offence - whether the criminal proceedings had been instituted with reasonable and probable cause - whether there was malice in the bringing of the prosecution - whether the plaintiff had suffered damage.
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.
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