Flynn v District Justice Ruane

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Date: 01 January 1989
• Court: High Court

(H.C.)

Flynn

and

District Justice Ruane

- Refusal Defendant requesting adjournment to obtain legal representation and a witness - Whether refusal to grant adjournment breach of natural justice.

Arising out of an alleged incident on 14 March, 1987, the defendant was summonsed to appear before the District Court on 22 October, 1987, to answer a charge of being in charge of a mechanically propelled vehicle contrary to s. 50 (2) and (4) of the Road Traffic Act, 1961, as amended. On 22 October the summons was struck out. On 18 May, 1988, the defendant was served with a second summons in relation to the alleged incident on 14 March, 1987, returnable for 30 May, 1988. The defendant appeared in court on 30 May, 1988, and applied for an adjournment to get a solicitor and to have a witness, who had moved to Cork, summonsed to appear in court to give evidence on his behalf. The respondent District Justice refused the application for an adjournment and after hearing the evidence of the gardaí, proceeded to convict the defendant. On 21 November, 1988, in the High Court (Barron J.) the defendant obtained leave to apply for an order of certiorari by way of an application for judicial review in respect of the conviction. Leave was obtained on the grounds that the defendant was refused an adjournment to obtain the assistance of a legal advisor and time...