Gorman -v- Judge Martin & Ors [2005] IESC 56 (29 July 2005)

Gorman -v- Judge Martin & Ors [2005] IESC 56 (29 July 2005)

The applicant, by pleading guilty and not raising the jurisdictional issue at trial or on appeal, acquiesced in the process and is precluded from challenging the validity of the conviction or sentence by way of judicial review. The discretionary remedy of certiorari should not be granted in these circumstances, especially after a significant lapse of time and where the applicant freely admitted the offence.

Citation
[2005] IESC 56
Parties
Applicant/respondent: Anthony George Gorman; Respondent/appellant: Judge Mary Martin; Respondent/appellant: His Honour Judge Anthony Kennedy; Respondent/appellant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
29 July 2005
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Order Granting Certiorari
Outcome
Appeal allowed; High Court order set aside; conviction and sentence restored.
Legal Topics
Return for Trial, Preliminary Examination, Jurisdiction, Estoppel, Acquiescence, Plea of Guilty, Discretionary Relief
Criminal Law Judicial Review Procedural Law Return for Trial Preliminary Examination Jurisdiction Estoppel Acquiescence +2 more

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Parties

Anthony George Gorman

Applicant/respondent

Judge Mary Martin

Respondent/appellant

His Honour Judge Anthony Kennedy

Respondent/appellant

The Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Order Granting Certiorari

Legal Issues

  1. 1 Whether the applicant was entitled to a preliminary examination under the Criminal Procedure Act, 1967, or subject to the new procedure under the Criminal Law Act, 1999
  2. 2 Whether the applicant's plea of guilty and conduct precluded him from challenging the jurisdiction of the Circuit Court
  3. 3 Whether discretionary relief by way of certiorari should be granted after a guilty plea and lapse of time

Ratio Decidendi

The applicant, by pleading guilty and not raising the jurisdictional issue at trial or on appeal, acquiesced in the process and is precluded from challenging the validity of the conviction or sentence by way of judicial review. The discretionary remedy of certiorari should not be granted in these circumstances, especially after a significant lapse of time and where the applicant freely admitted the offence.

Court Disposition

Appeal allowed; High Court order set aside; conviction and sentence restored.

Orders

  • Appeal allowed
  • Order of certiorari quashing conviction and sentence set aside