Skeffington v Rooney

JurisdictionIreland
JudgeMr. Justice Barr
Judgment Date27 May 1993
Neutral Citation1995 WJSC-HC 1630
Docket Number[1989 No. 3098 P.],No. 3098P/1989
CourtHigh Court
Date27 May 1993

1995 WJSC-HC 1630

THE HIGH COURT

No. 3098P/1989
SKEFFINGTON v. ROONEY

BETWEEN

DAVID SKEFFINGTON
PLAINTIFF

AND

PATRICK J. ROONEY, JOHN J. COYLE, THE MINISTER FOR JUSTICE,THE MINISTER FOR FINANCE, IRELAND AND THE ATTORNEY GENERAL
DEFENDANTS

Citations:

GARDA SIOCHANA (COMPLAINTS) ACT 1986

GARDA SIOCHANA (COMPLAINTS) ACT 1986 S7(8)

GARDA SIOCHANA (COMPLAINTS) ACT 1986 SCHED I S1(1)

GARDA SIOCHANA (COMPLAINTS) ACT 1986 SCHED I S1(2)

GARDA SIOCHANA (COMPLAINTS) ACT 1986 S12

RSC O.31 r29

AMBIORIX LTD V MIN ENVIRONMENT 1992 1 IR 277

CONSTITUTION

MURPHY V DUBLIN CORPORATION 1972 IR 215

DIRECTOR OF CONSUMER AFFAIRS & FAIR TRADE V SUGAR DISTRIBUTORS LTD 1991 ILRM 395

Synopsis:

PRACTICE

Documents

Discovery - Production - Objection - Privilege - Confidentiality - Public interest - Statutory tribunal - Relevant documents in possession of tribunal - Alleged assault by garda - Plaintiff's complaint investigated by tribunal - Discovery sought by plain tiff in action against garda - Rules of the Superior Courts, 1986, order 31, r. 29 - Garda Siochana (Complaints) Act, 1986, ss. 3, 5, 6, 12 - (1989/3098 P - Barr J. - 27/5/93) - [1994] 1 I.R. 480.

|Skeffington v. Rooney|

TRIBUNAL

Records

Production - Objection - Grounds - Privilege - Confidentiality - Public interest - Statutory tribunal - Relevant documents in possession of tribunal - Alleged assault by garda - Plaintiff's complaint investigated by tribunal - Discovery sought by plain tiff in action against garda - (1989/3098 P - Barr J. - 27/5/93)

|Skeffington v. Rooney|

WORDS AND PHRASES

"Public interest"

Tribunal - Documents - Production - Objection - Grounds - Privilege - Confidentiality - Statutory tribunal - Relevant documents in possession of tribunal - Alleged assault by garda - Plain tiff's complaint investigated by tribunal - Discovery sought by plaintiff in action against garda - (1989/3098 P - Barr J. - 27/5/93)

|Skeffington v. Rooney|

1

Judgment delivered by Mr. Justice Barron the 27th day of May, 1993.

2

This is an application for an Order for Discovery of all documents in the possession of the Garda Complaints Board pertaining to a complaint made by the plaintiff on the 22nd February 1988 to the Board, the Master of the High Court having refused to make such an order.

3

The first and second defendants are police officers and it is pleaded in the statement of claim that they are under the direction, supervision and control of the third, fifth and sixth defendants. The plaintiff's action arises out of an incident which he alleges happened on 17th May, 1987 in the town of Sligo. He pleads that he was assaulted and beaten by the first and/or second defendant in consequence of which he sustained personal injuries, loss and expense. The plaintiff also pleads that following the alledged assault on him he received further personalinjurydue to the negligent driving of a motor vehicle by the firstdefendant.

4

The events about which the plaintiff complains arose out of a fracas that occurred at O'Connell Street, Sligo shortly after midnight on 17th May, 1987 involving a third party, the plaintiff and the first and second defendants. There is controversy as to whether the plaintiff attacked the police officers or whether he was endeavouring to be a peacemaker at the time. The first and second defendants in their defence deny the plaintiff's allegations of assault, negligence, breach of duty and breach of statutory duty. They also deny that he suffered the alleged or any personal injuries, loss, damage or expense. It was further pleaded in the alternative that if the plaintiff did suffer the alleged or any personal injuries, loss, damage or expense that the same arose or were contributed to by negligence on the part of the plaintiffhimself.

5

On 19th May, 1987 the plaintiff made a complaint to Superintendant J. Noonan of the Garda Siochana at Sligo Garda Station about the incidents in which he alleged he had been involved two days previously. The complaint was duty transmitted to the Garda Siochana Complaints Board as required by the Garda Siochana (Complaints) Act, 1986. The Board thereupon proceeded to have the complaint investigated pursuant to the statutory duties and powers conferred on the Board. An investigating officer was duly appointed to enquire into the matter on behalf of the Board. Eleven persons were interviewed in course of the investigation and written statements were obtained from each of them. They included the plaintiff, the third party and the first and second defendants. The others were independent witnesses whoobserved the alleged fracas and who described what they saw in their respective statements. On completion of his enquiries, the investigating officer compiled a report on the plaintiff's complaint for the consideration of the Board. The report was duly considered and the Board decided to refer the matter to the Director of Public Prosecutions. He in turn directed that no criminal charges were warranted. In pursuance of the powers conferred on the...

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