Murphy -v- Attorney General & ors [2016] IESC 27 (02 June 2016)

Murphy -v- Attorney General & ors [2016] IESC 27 (02 June 2016)

The Court found that while there were errors in the prosecution of Stephen Murphy junior due to transcription mistakes and lack of proper consideration, there was no evidence of malice or absence of reasonable and probable cause in the actions of the gardaí. The elements of malicious prosecution and false imprisonment were not satisfied. The actions of the gardaí were justified in the circumstances, and any mistakes did not amount to actionable torts.

Citation
[2016] IESC 27
Parties
Plaintiff/appellant: Stephen Murphy junior; Plaintiff/appellant: Ann Murphy; Defendant/respondent: Attorney General; Defendant/respondent: Director of Public Prosecutions; Defendant/respondent: Garda Commissioner; Defendant/respondent: Judge JB Wallace; Defendant/respondent: Superintendent JP Twomey; Defendant/respondent: Garda M J McCarthy; Defendant/respondent: John McCarthy; Defendant/respondent: Dermot McCarthy
Jurisdiction
Ireland
Judgment Date
02 June 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Malicious Prosecution, False Imprisonment, Reasonable and Probable Cause, Judicial Review, Lay Litigants
Tort Law Criminal Law Civil Procedure Malicious Prosecution False Imprisonment Reasonable and Probable Cause Judicial Review Lay Litigants

Case Brief

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Parties

Stephen Murphy junior

Plaintiff/appellant

Ann Murphy

Plaintiff/appellant

Attorney General

Defendant/respondent

Director of Public Prosecutions

Defendant/respondent

Garda Commissioner

Defendant/respondent

Judge JB Wallace

Defendant/respondent

Superintendent JP Twomey

Defendant/respondent

Garda M J McCarthy

Defendant/respondent

John McCarthy

Defendant/respondent

Dermot McCarthy

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiffs were victims of malicious prosecution by the gardaí and State authorities
  2. 2 Whether Ann Murphy was falsely imprisoned by actions of the gardaí
  3. 3 Whether errors in prosecution amounted to actionable torts

Ratio Decidendi

The Court found that while there were errors in the prosecution of Stephen Murphy junior due to transcription mistakes and lack of proper consideration, there was no evidence of malice or absence of reasonable and probable cause in the actions of the gardaí. The elements of malicious prosecution and false imprisonment were not satisfied. The actions of the gardaí were justified in the circumstances, and any mistakes did not amount to actionable torts.

Court Disposition

Appeal dismissed

Orders

  • No entitlement to damages for malicious prosecution or false imprisonment
  • Stephen Murphy junior entitled to expenses for correcting prosecution errors