MacCárthaigh v Eire
Jurisdiction | Ireland |
Judgment Date | 01 January 1998 |
Date | 01 January 1998 |
Court | Court of Appeal (Ireland) |
- Athbhreithniú breithiúnach - Toirmeasc - Mandamus - Dearbhú - leamh ar ghiúiré a mbeadh ar a chumas Gaeilge a thuiscint gan cabhair ateangaire - Rialacha na Cúirte Cuarda, 1955 (I.R. Uimh. 1), O. 1, r. 5 - Acht na nGiúiréithe, 1976 (Uimh. 4), Cuid I, Cuid II, An Chéad Sceideal - Bunreacht na hireann, 1937, Airt. 8, 38.5).
Cúisíodh an t-iarratasóir agus cuireadh trí chion choiriúla ina leith, ina measc gur dhein sé meascán seacláidí agus milseoga a raibh luach iomlán £11,252.50 orthu a ghoid laistigh de Dhúiche Chathrach Átha Cliath. Socraíodh go gcuirfí an t-iarratasóir faoi thriail ar na cúisimh i gceist ós comhair Breithimh den Chúirt Chuarda agus giúiré. Ba mhian leis an iarratasóir go bpléifí a thaobh féin de na himeachtaí coiriúla tré Ghaeilge agus gur i nGaeilge a thabharfadh sé féin pé fianaise a bheadh le tabhairt aige agus gurbh as Gaeilge a dhéanfaí pé aighneacht a dhéanfaí thar a cheann ag aon dlíodóir dá chuid. Is i mBearla a bhí an t-ionchúiseamh ar bun ag an bhfreagróir trú-luaite. Cuireadh an triail ar ath-ló le deis a thabhairt don iarratasóir athbhreithniú breithiúnach a lorg san Ard-Chúirt ag éileamh giúiré go mbeadh ar a chumas Gaeilge a thuiscint gan chabhair ateangaire. Breith na hArd Cúirte ( Ó hAnluain Brmh.), ag diultiú don iarratas, nach raibh aon sárúá dhéanamh ar chearta faoin mBunreacht nuair nach ngéillfí don iarratas giúiré a chur ar fáil go mbeadh ar a chumas fianaise a thabharfaí nó ráiteasaí eile a dhéanfaí as Gaeilge do thuiscint gan cabhair ó ateangaire. Dhein an t-iarratasóir achomharc don Chúirt Uachtarach. Breith na Cúirte Uachtaraí ( Ó hUrmholtáigh P.B., Ó Flaitheartaigh, Ó Murchú, Ó Loingsigh agus Ó Bearáin Brmh.), ag díbeadh an achomharc agus ag dearbhú breithiúnas na hArd-Chúirte, dá mbeadh ar gach ball den ghiúiré bheith in ann cúrsaí dlí a thuiscint as Gaeilge gan chabhair ateangaire, chuirfí formhór de mhuintir na hÉireann i...
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