Minister for Agriculture v Cleary
| Jurisdiction | Ireland |
| Judge | Mr. Justice Lynch |
| Judgment Date | 01 January 1988 |
| Neutral Citation | 1987 WJSC-HC 991 |
| Court | High Court |
| Date | 01 January 1988 |
1987 WJSC-HC 991
THE HIGH COURT
BETWEEN
AND
Citations:
SUMMARY JURISDICTION ACT 1857 S2
COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S51
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 6(1)(b)
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 6(2)
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 4(1)(f)
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 4(5)
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 6(1)(a)
EUROPEAN COMMUNITIES (MARKETING OF FERTILIZERS) REG 1978 SI 13/1978 REG 7(4)
ROSS V HELM 1913 3 KB 462
CAMPBELL V WALSEND SHIPWAY & ENGINEERING CO 1977 CLR 351 121 SJ 334
PEOPLE V FARRELL 1978 IR 13
MARTIN V QUINN 1980 IR 245
ROAD TRAFFIC (AMDT) 1978 S13(3)
MINISTERS & SECRETARIES ACT 1924 S15(4)
DOCUMENTARY EVIDENCE ACT 1925 S7(2)
MINISTERS & SECRETARIES ACT 1924 S17(C)
Synopsis:
EVIDENCE
Official
Authority - Proof - Prima facie evidence sufficient - Official's own evidence - Criminal offence - Failure to produce records of business to authorised officer - Proof of failure - At the trial of the defendant in the District Court, a prosecution witness gave evidence on oath that, at the time of the alleged offence, he was a duly appointed officer of the Department of Agriculture and authorised, as such, to demand the production by the defendant of the records of his business in marketing EEC fertilizers; that he had demanded the production of such records from the defendant on 22/7/85, and that the defendant had failed to produce such records - The witness also produced a document, dated prior to the date of the alleged offence, in which the signatory (described as an assistant secretary) certified that the witness (whose signature appeared thereon) had been appointed in writing by the Minister for Agriculture to be an authorised officer or person for the purposes of the Regulations of 1978 - The District Justice decided that the sworn evidence of the witness was not sufficient evidence of his appointment as such authorised officer, and that the certificate was not evidence of such appointment - At the hearing of a Case stated by the District Justice, it was held that the evidence given on oath by the witness was sufficient prima facie evidence of the fact that, at the date of the offence, he was a duly authorised officer for the purposes of the Regulations of 1978 - ~The People (D.P.P.) v. Farrell~ [1978] I.R. 13 distinguished and ~Martin v. Quinn~ [1980] I.R. 244 applied - Held that the certificate which had been issued to the witness was not evidence, at the trial of the defendant, of the appointment of the witness as an authorised officer for the purposes of the Regulations of 1978 - European Communities (Marketing of Fertilizers) Regulations, 1978, regs. 2, 6, 7 - Ministers and Secretaries Act, 1924, ss.15, 17 - Documentary Evidence Act, 1925, s.7 - (1986/818 SS - Lynch J. - 4/3/87) [1988] ILRM 294
|Minister for Agriculture v. Cleary|
Judgment of Mr. Justice Lynch delivered the 4th day of March 1987
This is an Appeal by the Complainant the Minister for Agriculture, by way of Case Stated from a decision of the District Justice for the District Court Area of Ballyjamesduff County Cavan given on the 27th of February 1986. The case is stated pursuant to Section 2 of the Summary Jurisdiction Act 1857 and Section 51 of the Courts (Supplemental Provisions) Act 1961.
The relevant facts appearing from the Case Stated are as follows.
The Defendant was charged that on the 22nd of July 1985 at Lishenry, Ballyjamesduff, County Cavan he committed three offences contrary to the European Communities (Marketing of Fertilizers) Regulations 1978 S.I. No. 13 of 1978 namely:
1. Failing to product to an authorised officer records of the Defendant's business of marketing E.F.C. fertilizers contrary to Regulation 6 (1) (b) and Regulation 6 (2) of the said Regulations
2. Marketing a bag of fertilizer which was not of the standard stated on the bag contrary to Regulation 4(1) (f) and Regulation 4 (5) of the said Regulations.
3. Failing to keep records of the Defendant's business of importing and marketing E.E.C. fertilizers contrary to Regulation 6 (1) (a) and Regulation 6 (2) of the said Regulations.
Regulation 2 of the 1978 Regulations provides that the Minister means the Minister for Agriculture and that authorised officer means an officer of the Minister authorised in writing by the Minister for the purposes of the Regulations.
Regulation 7 (4) provides:
"The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall if requested by any person affected, produce the certificat to that person."
On the 22nd of July 1985 two senior Agricultural Officers of the Department of Agriculture attended at the Defendant's premises at Lishenry, Ballyjamesduff, County Cavan where the Defendant had for sale fertilizer designated as E.E.C. fertilizer. The Officers gave evidence that they were Officers of the Department of Agriculture and they produced certificates furnished to them pursuant to Regulation 7 (4) of the 1978 Regulations as evidence that they were authorised to act for the purposes of the 1978 Regulations. These certificates are to the following effect:
I hereby certify that Mr. Patrick Duffy whose signature appears on this card has been appointed in writing by the Minister for Agriculture to be an authorised officer or authorised person for the purposes of ............ the European Communities (Marketing of Fertilizers) Regulations 1978.
Dated this 12th day of July 1985
Patrick Power Assistant Secretary
Signature of Officer Patrick Duffy".
The certificate relating to the other Officer was in identical terms with the substitution of his name and his signature. The Officers also gave oral evidence that they were such Officers authorised in writing by the Minister for the purposes of the said Regulations.
The District Justice held that the certificates were not evidence of the fact of appointment in writing of the Officers as authorised Officers and furthermore held that the oral evidence given on oath by the Officers was not sufficient without the production of the actual appointment in writing itself. The District Justice then asks at the conclusion of his Case Stated two questions namely:
2 "1. Is a statement on oath by a witness that he was on the date of an alleged offence duly appointed and authorised in writing by the Complainant to act as an authorised officer for the purposes of the European Communities (Marketing...
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