McGuinness -v- The Commissioner of An Garda Siochana & Ors [2017] IECA 330 (18 December 2017)

McGuinness -v- The Commissioner of An Garda Siochana & Ors [2017] IECA 330 (18 December 2017)

The plaintiff failed to demonstrate relevance of the document sought to his pleaded claim, and even if relevance were established, public interest privilege and informer privilege properly prevent disclosure; the High Court judge followed established procedure and made correct findings.

Citation
[2017] IECA 330
Parties
Plaintiff/appellant: Francis McGuinness; Defendant/respondent: The Commissioner of An Garda Siochana; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 December 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Interlocutory Motion for Discovery
Outcome
Appeal dismissed
Legal Topics
Discovery, Privilege, Search Warrants, Public Interest Privilege, Informer Privilege
Civil Procedure Police Law Discovery Privilege Search Warrants Public Interest Privilege Informer Privilege

Case Brief

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Parties

Francis McGuinness

Plaintiff/appellant

The Commissioner of An Garda Siochana

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Interlocutory Motion for Discovery

Legal Issues

  1. 1 Whether the plaintiff is entitled to discovery of the sworn information grounding a search warrant
  2. 2 Whether public interest privilege and informer privilege properly prevent disclosure of the document

Ratio Decidendi

The plaintiff failed to demonstrate relevance of the document sought to his pleaded claim, and even if relevance were established, public interest privilege and informer privilege properly prevent disclosure; the High Court judge followed established procedure and made correct findings.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff's application for discovery refused
  • Costs awarded to respondents