Lavery v DPP [No 2]
| Jurisdiction | Ireland |
| Judge | Mr. Justice Richard Humphreys |
| Judgment Date | 15 June 2016 |
| Neutral Citation | [2016] IEHC 332 |
| Date | 15 June 2016 |
| Court | High Court |
| Docket Number | [2016 No. 228 J.R.] |
[2016] IEHC 332
THE HIGH COURT
JUDICIAL REVIEW
Humphreys J.
[2016 No. 228 J.R.]
[2016 No. 346 J.R.]
(No. 2)
Crime & Sentencing – Practice & Procedures – Stay of proceedings – Judicial review – Appeal before Court of Appeal – Lack of arguability
Facts: Following the refusal of the Court to grant leave to the applicant in the first set of judicial review proceedings against the order of the District Judge appointing a solicitor for the applicant and filing of a notice of appeal by the applicant to the Court of Appeal against that refusal to grant leave, the applicant had now instituted the second set of judicial review proceeding seeking leave against the order of the District Judge for the adjournment of criminal trial. The applicant contended that the adjournment of his criminal trial was in breach of stay pending the determination of an appeal before the Court of Appeal.
Mr. Justice Humphreys extended the stay granted in relation to the first set of judicial proceedings till the date on which the appeal would come for hearing before the Court of Appeal. The Court held that generally, with the conclusion of the matter in the first set of proceedings, the stay was automatically discharged, but since the Court of Appeal was seized of the present matter, it would be appropriate to grant a stay in that proceeding till the date on which the matter would be heard by the Court of Appeal. The Court, however, refused leave in relation to the order of the District Judge granting an adjournment in the criminal matter. The Court found that the applicant was not prejudiced in any way by the said adjournment and it would not be in the interests of justice to restrain the trial.
On 5th November, 2015, when the applicant was before Cavan District Court on a criminal matter, Judge Clyne appointed Damien Rudden, Solicitor, to act for him by way of legal aid. On 13th November, 2015, Mr. Lavery instituted a first set of judicial review proceedings [2015 No. 619 J.R.] in which he sought to quash this decision, because he said he wished to represent himself.
On 30th November, 2015, I granted a stay ' pending determination of the within application', as it was put in the order.
The applicant subsequently discharged Mr. Rudden. On 21st December, 2015, I refused leave, ex tempore, having heard from the Director of Public Prosecutions, because the matter was therefore essentially moot.
On 6th January, 2016, the applicant filed notice of appeal to the Court of Appeal against the refusal of leave [2016/8].
On 25th February, 2016, Judge Lucey adjourned the criminal proceedings against the applicant for trial in April, 2016.
On 11th April, 2016, the applicant commenced...
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Lavery v DPP No. 3; Lavery v A Judge of the District Court
...April, 2016 substituting the D.P.P. as a respondent in lieu of Judge Lucey and ultimately I refused leave (see Lavery v. D.P.P. (No. 2) [2016] IEHC 332 (Unreported, High Court, 15th June, 2016). I then went on to make an Isaac Wunder order against the applicant on the 4th July, 2016. (iii)......