The Court of Appeal has overturned a High Court decision that had quashed a District Court judge's refusal to issue summonses for a private prosecution against certain Garda officers. The High Court had found the District Court's decision lacked adequate reasons. However, the Court of Appeal determined that the High Court judge erred by considering grounds not included in the original judicial review application. The Court of Appeal also found that the District Court judge had ample basis to conclude that the private prosecution constituted an abuse of process, as the applications appeared retaliatory and not motivated by a genuine desire to invoke the criminal process. Consequently, the High Court's order was set aside, and the original decision of the District Court judge was upheld.
private prosecution, abuse of process, Garda Síochána, Court of Appeal, High Court, judicial review, summonses, bona fide intention, criminal process, District Court, limitation period, Criminal Justice (Theft and Fraud Offences) Act 2001, Criminal Justice Act 2011, Kelly v. Ryan, certiorari, reasons for decision, appeal.