Healy v The Director of Public Prosecutions, [2007] IEHC 87 (2007)

Docket Number:2006 781JR
Judge:McGovern J.
 
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Neutral Citation Number: [2007] IEHC 87THE HIGH COURT[2006 No. 781 JR]BETWEEN FLORENCE HEALYAPPLICANT AND

THE DIRECTOR OF PUBLIC PROSECUTIONSRESPONDENTJUDGMENT of Mr. Justice Brian McGovern delivered on the 13th day of March, 2007

This application for judicial review was heard in conjunction with the application of Vincent Dodd High Court [2006] No. 782 JR and arises out of the same circumstances. The applicant was in the company of Vincent Dodd and is charged with the following summary offences:-

(1) Assault contrary to s. 2 of the Non Fatal Offence Against the Person Act, 1997.

(2) Breach of the Peace contrary to s. 6 of The Criminal Justice (Public Order) Act, 1994.

(3) Failing to comply with the direction given by a member of An Garda Síochána, contrary to s. 8 of the Criminal Justice (Public Order) Act, 1994.

(4) 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.

The applicant was given leave to apply for judicial review on the 3rd July, 2006 for the reliefs set forth a paragraph D of the statement of grounds and on the grounds set forth at paragraph E therein.

Unlike Vincent Dodd this applicant was not charged with road traffic offences. The matters with which she is charged will have to be determined on the basis of oral evidence and any conflict of evidence can only be resolved on the basis of an assessment of the witnesses recollections of events which have now taken place almost four years ago. For the same reasons as set out in my judgment in the Vincent Dodd case and on the basis of the legal authorities referred to...

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