Bernarus & Ors v. Haughton & Anor [2005] IEHC 240 (15 July 2005)

Bernarus & Ors v. Haughton & Anor [2005] IEHC 240 (15 July 2005)

The court held that the definition of 'bankers' books' as amended encompasses records used in the ordinary business of a bank, including account opening documentation and correspondence files. The District Judge was entitled to admit such documents as evidence under the Bankers' Books Evidence Act, 1879, as amended, and was not restricted from doing so by the Act when acting under s. 51 of the Criminal Justice Act, 1994. The application for judicial review was refused.

Citation
[2005] IEHC 240
Parties
Applicants: Marcel Bernarus Johannes Volkering, Bastiaan Paul Mosterd, Carolus Niolaas Maria Groenewegen and Beheersmij Helling BV; First Respondent: District Judge Gerard Haughton; Second Respondent: The Minister for Justice Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
15 July 2005
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review refused
Legal Topics
Bankers' Books Evidence, Mutual Legal Assistance, Admissibility of Evidence, Interpretation of Statutes
Criminal Law Evidence International Law Bankers' Books Evidence Mutual Legal Assistance Admissibility of Evidence Interpretation of Statutes

Case Brief

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Parties

Marcel Bernarus Johannes Volkering, Bastiaan Paul Mosterd, Carolus Niolaas Maria Groenewegen and Beheersmij Helling BV

Applicants

District Judge Gerard Haughton

First Respondent

The Minister for Justice Equality and Law Reform

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether evidence received by a District Judge under s. 51 of the Criminal Justice Act, 1994 is restricted by the Bankers' Books Evidence Act, 1879, as amended.
  2. 2 Whether account opening documentation and bank correspondence files fall within the definition of 'an entry in a banker's book'.

Ratio Decidendi

The court held that the definition of 'bankers' books' as amended encompasses records used in the ordinary business of a bank, including account opening documentation and correspondence files. The District Judge was entitled to admit such documents as evidence under the Bankers' Books Evidence Act, 1879, as amended, and was not restricted from doing so by the Act when acting under s. 51 of the Criminal Justice Act, 1994. The application for judicial review was refused.

Court Disposition

Application for judicial review refused

Orders

  • The orders of District Judge Haughton admitting the documents as evidence are upheld.
  • No order of certiorari to quash the District Judge's decisions.