Dodd v DPP

• Jurisdiction: Ireland
• Judge: Mr. Justice Brian McGovern
• Judgment Date: 13 March 2007
• Neutral Citation: [2007] IEHC 97
• Docket Number: [2006 No. 782 JR]
• Court: High Court
• Date: 13 March 2007

[2007] IEHC 97

THE HIGH COURT

[2006 No. 782 JR]

DODD v DPP

JUDICIAL REVIEW

BETWEEN

VINCENT DODD

APPLICANT

AND

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

JUDGMENT of

Mr. Justice Brian McGovern

delivered on the 13th day March, 2007

1 This is an application for judicial review by way of an injunction restraining the respondent from taking any further steps in a criminal prosecution entitled Director of Public Prosecutions at the suit ofGarda Gerard P. Sweeney v. Vincent Dodd with respect to the following summary charges.

2 (i) Resisting or wilfully obstructing a peace officer acting in the execution of his duty knowing that he was or being reckless as to whether he was a peace officer acting in the execution of his duty, contrary to s. 19 of the Criminal Justice (Public Order) Act,1994.

3 (ii) Being present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in the vicinity contrary to s. 4 of the Criminal Justice (Public Order) Act,1994.

4 (iii) Driving a mechanically propelled vehicle without holding a driving licence contrary to s. 38(1) of the Road Traffic Act,1961 and s. 102 of the Road Traffic Act, 1961 (as amended by s. 23 of the Road Traffic Act, 2002).

5 (iv) Failing to produce his driving licence, demand having been made to do so by a member of An Garda Síochána contrary to s. 40(1)(a) of the Road Traffic Act,1961 and s. 102 of the Road Traffic Act, 1961 (as amended by s. 23 of the Road Traffic Act, 2002).

6 (v) Being the user of a mechanically propelled vehicle, failing to produce a certificate of insurance when such production was demanded by a member of An Garda Síochána contrary to s. 69(1) of the Road Traffic Act,1961 and s. 102 of the Road Traffic Act, 1961 (as amended by s. 23 of the Road Traffic Act, 2002).

7 (vi) Driving a mechanically propelled vehicle in a public place while under the influence of an intoxicant to such an extent as being incapable of having proper control of the said vehicle contrary to s. 49(1) and (6)(a) of the Road Traffic Act,1961 as inserted by s. 10 of the Road Traffic Act, 1994 (as amended by s. 23 of the Road Traffic Act, 2002).

8 (vii) Being the user of a mechanically propelled vehicle which was not insured contrary to s. 56(1) and (3) of the Road Traffic Act,1961 (as amended by s. 23 of the Road Traffic Act, 2002).

9 (2) A declaration that a failure on the part of the respondent herein and/or the Gardaí to make available to the applicant all statements prepared by Garda witnesses to the events at Bohermore on the 18^th May, 2003 which are the events the subject matter of the charges herein is a breach of the applicant's right to a fair trial in accordance with law.

10 (3) An order staying the further prosecution of the applicant on the said charges pending the determination of the proceedings herein such stay not to affect the respondent's continuing obligation to make the aforesaid statements available to the applicant.

11 On the 3^rd July, 2006 the applicant was granted leave to apply by way of application for judicial review for the reliefs set forth at paragraph D in the statement of grounds and on the grounds set forth at paragraph E therein. The court directed that the summary criminal proceedings which are the subject matter of the judicial review be stayed until the determination of the application for judicial review or until further order or until the stay of proceedings shall have lapsed by reason of the applicant's failure to serve an originating notice of motion within the proper time period.

12 The events giving rise to the charges occurred on the 18^th May, 2003.

13 Garda Gerard Sweeney was in the forecourt of a garage at Bohermore, Co. Galway when he saw the applicant beside the driver's door of a motor car. The applicant appeared unsteady on his feet and stumbled slightly and Garda Sweeney formed a view that he had consumed an intoxicant. The Applicant got into the car which was pushed across the road by four men who were queuing at the petrol station and the car went into the gates of a nearby cemetery. A few seconds later the car reversed onto the road of Bohermore and Garda Sweeney pulled up beside the car and stopped it. In a statement made in connection with the incident he said that there was no tax displayed on the vehicle or insurance disc displayed and he said that Mr. Dodd's eyes were bloodshot and glazed and his speech was slurred. He arrested the applicant for drunk driving and also demanded production of his driver's licence and certificate of insurance. Garda Sweeney went on to say in a statement made in connection with the incident how a Ms. Florence Healy got into the car when the applicant was arrested and tried to prevent him from handcuffing the applicant. She also struck Garda Sweeney and a Mr. Peter Flaherty who was at the scene also struck Garda Sweeney on the left shoulder with his elbow knocking him to his back and injuring his shoulder.

14 According to Garda Sweeney the applicant escaped and Garda Sweeney followed him but the pain in his shoulder forced him to stop. The applicant claims that on the night in question Garda Sweeney struck him with his baton and used excessive force and that he was defending himself. This defence appears to relate exclusively to the charges of resisting or wilfully obstructing a peace officer in the execution of his duty.

15 In due course the applicant made a complaint to the Garda Complaints Board and the Board declined to accept the claim on the basis that it was vexatious. The applicant claims that he is entitled to a copy of any statement made by Garda Sweeney or other Gardaí at the scene to the Garda Complaints Board because such statements would have to contain references to the use of the Garda baton on the applicant. The chronology of events is set out both in the affidavit of Alan Gannon grounding the application for leave to apply for judicial review and also in the replying affidavit of Inspector Patrick McHugh of Galway Garda Station. It appears that the action was fixed for a hearing on the 30^th September, 2004 and the State was ready at that time. Submissions were made to the District Judge with regard to the statements being...