Zaprynova v The Commissioner of An Garda Siochana (Approved)

Ex tempore ruling of Mr. Justice Mark Heslin delivered on the 11th day of October 2024

    I propose to give my decision now and, as I mentioned at the outset this morning when the case began, I took several hours last evening to make sure that I read the entire papers beginning with the ex parte motion docket. This was signed by the applicant on the 26 th May and filed on that date. This indicated the intention of the applicant, who represents herself here today, to seek leave to apply for judicial review. As is made clear in the ex parte docket, the relief which the applicant sought leave to apply for is described in the following terms: -

"...an Order of Mandamus to be issued to compel the Commissioner of An Garda Sioch�na to provide Tinka Zapryanova with the detailed information regarding the criminal investigations and criminal proceedings against [a named individual "MN"] who caused a RTA on the 13 th November 2017 by breaking a "Stop" sign while driving with excessive speed at the junctions of R125 and R122.

The Applicant was the injured party in the accident and by virtue of s. 8 of the Criminal Justice (Victims of Crime) Act 2017 has the right to obtain the information sought by An Garda Sioch�na."

That relief is replicated in the Applicant's draft statement of ground which is dated the 26 th May, also.� For the sake of completeness its appropriate to quote verbatim the entire of the grounds at s.(e) upon which the relief at s.(d) is based and I now quote verbatim : -