A v B (Approved) [2021] IEHC 96 (12 February 2021)

A v B (Approved) [2021] IEHC 96 (12 February 2021)

The court held that An Garda Síochána is entitled to assert public interest/investigative privilege over the audio/video recordings seized from the Respondent, as their disclosure at this stage would impede an ongoing criminal investigation into the Applicant. The privilege is not absolute and is subject to review by the court, which retains the power to determine whether the public interest in non-disclosure outweighs the Applicant's entitlement to evidence for fair procedures in the family law proceedings. The privilege is to last only until a decision is made to prosecute or not prosecute the Applicant, or until a Book of Evidence is served if prosecution is pursued. The court declined...

Citation
[2021] IEHC 96
Parties
Applicant (in 2020 No. 102 M) / Respondent (in 2020 No. 95 M): A; Respondent (in 2020 No. 102 M) / Applicant (in 2020 No. 95 M): B; Non Party: Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
12 February 2021
Procedural Posture
Family Law (judicial Separation, Guardianship, Access, Discovery) / Interlocutory Application for Non Party Discovery and Related Directions
Outcome
Application for non-party discovery refused at this time; privilege upheld temporarily.
Legal Topics
Discovery, Public Interest Privilege, Investigative Privilege, Access to Evidence, In Camera Rule, Children's Welfare, Fair Procedures
Family Law Criminal Law Evidence Constitutional Law Discovery Public Interest Privilege Investigative Privilege Access to Evidence +3 more

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Parties

A

Applicant (in 2020 No. 102 M) / Respondent (in 2020 No. 95 M)

B

Respondent (in 2020 No. 102 M) / Applicant (in 2020 No. 95 M)

Commissioner of An Garda Síochána

Non Party

Procedural Posture

Family Law (judicial Separation, Guardianship, Access, Discovery) / Interlocutory Application for Non Party Discovery and Related Directions

Legal Issues

  1. 1 Whether An Garda Síochána may lawfully withhold production of audio/video recordings on grounds of investigative/public interest privilege in ongoing criminal investigation.
  2. 2 Whether the interests of justice and fair procedures in family law proceedings require disclosure of such recordings to the Applicant.
  3. 3 Whether the Respondent's reliance on the recordings in civil proceedings affects the privilege claim.

Ratio Decidendi

The court held that An Garda Síochána is entitled to assert public interest/investigative privilege over the audio/video recordings seized from the Respondent, as their disclosure at this stage would impede an ongoing criminal investigation into the Applicant. The privilege is not absolute and is subject to review by the court, which retains the power to determine whether the public interest in non-disclosure outweighs the Applicant's entitlement to evidence for fair procedures in the family law proceedings. The privilege is to last only until a decision is made to prosecute or not prosecute the Applicant, or until a Book of Evidence is served if prosecution is pursued. The court declined...

Court Disposition

Application for non-party discovery refused at this time; privilege upheld temporarily.

Orders

  • An Garda Síochána is entitled to withhold production of the recordings pending the outcome of the criminal investigation or service of a Book of Evidence.
  • Privilege is to be reviewed upon completion of the investigation or prosecution decision.