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Sufficiency of evidence in District Court prosecution was a matter for appeal not a judicial review
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Supreme Court dismisses appeal from High Court, and affirms refusal to grant judicial review of a decision of the District Court to convict the applicant on a minor road traffic offence, on the grounds that: (a) the District Court had been entitled to refuse an adjournment, in circumstances where a prosecution witness had travelled from the UK for the hearing; (b) whether there was sufficient evidence to convict was not a matter for judicial review, but should have been dealt with by way of an appeal; and (c) the summons had been brought within the statutory time limit.
MacMenamin J (nem diss): Judicial review - appeal from refusal of judicial review in High Court - prosecution for minor driving offence - driving without due care and attention - fine of €400 - refusal by District Court to adjourn case - refusal to dismiss for delay - general issues concerning judicial review - witness had travelled from UK for hearing - whether summons out of time - whether evidence was sufficient.
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