O'Malley v Garda Commissioner & Ors (Approved)

COMMISSIONER OF AN GARDA S�OCH�NA, DIRECTOR OF PUBLIC PROSECUTIONS, MINISTER FOR JUSTICE

            This application for leave to seek judicial review was on notice to the respondents on 14 July 2025. On that date, I confirmed my decision to refuse the applicant's application for leave. This judgment sets out my reasons for that decision.

            The Circuit Court Judge concluded that no reasons had been identified for him not to proceed with the criminal appeal and he therefore determined to hear the appeal. � The Circuit Court Judge invited the applicant to highlight any points in any transcripts that were inaccurate, if it was relevant to his appeal. The applicant declined and instead chose to leave the court following what appears to have been a relatively lengthy engagement with the judge on the points set out above.

            The Circuit Court Judge then heard evidence in the applicant's absence and proceeded to affirm the District Court order.

            There is no basis whatsoever to find that the applicant's rights were breached or ignored in any way. The Circuit Court Judge repeatedly allowed the applicant to identify the basis for an adjournment and made every attempt to understand how civil proceedings before the High Court by way of judicial review and a Circuit Court appeal, could prevent the impugned appeal from going ahead. The applicant's responses were vague, generic and at times irrelevant.