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, in an action against the state for damages arising from a miscarriage of justice: a) makes orders of discovery relating to the reasons for directing that a witness not be called for the prosecution involving the giving of false testimony, on the grounds that the documentation sought was relevant and necessary for disposing fairly of the litigation; but b) refuses to order non-party discovery against the Director of Public Prosecutions, who was not a servant or agent of the state for the purposes of the application.
Criminal law – discovery – reason that the Director of Public Prosecutions directed that a witness not be called for the prosecution in the trial of the plaintiff – miscarriage of justice – s. 9 of the Criminal Procedure Act 1993 – making of a false statement of corroboration and the giving of false testimony against the plaintiff at trial – Order 31, rule 12 of the Rules of the Superior Courts (No. 2) (Discovery) 1999 – Order 31 Rule 29 – Delaney: Civil Procedure in the Superior Courts Third Edition – categories of discovery sought with some amendments are relevant and necessary – order for discovery made.
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