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High Court refuses to grant an interlocutory injunction, sought by a solicitor under investigation for alleged money laundering, restraining the Gardai from applying for a search warrant to access data on his mobile phone, on the grounds, inter alia, that doing so would effectively halt a criminal investigation for a prolonged period of time.
Applicant solicitor under investigation for money laundering - application for interlocutory injunction - restraining An Garda Siochana from bringing any further application for a search warrant to permit the examination of data from the applicant's mobile phone - further seeking to restrain An Garda Siochana from examining any of the data downloaded from his mobile phone - Section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 - Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 - encroachment into an individuals private digital space - data protected under legal professional privilege - chaos if people who are suspects in ongoing criminal investigations could stop the investigation for an indefinite period - applicant is entitled to proceed by way of judicial review proceedings but it is not appropriate to grant interlocutory reliefs - application refused
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