Farrell v. Ahern [1997] IEHC 188 (19th December, 1997)

Farrell v. Ahern [1997] IEHC 188 (19th December, 1997)

The applicant was denied natural and constitutional justice because he was not notified of the Court of Inquiry or given an opportunity to present evidence, despite his whereabouts being known and his solicitors being in contact with the army authorities. There is no waiver of such rights by virtue of army membership.

Citation
[1997] IEHC 188
Parties
Applicant: Applicant; Respondents: Respondents
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment After Leave Granted
Outcome
Order of Certiorari granted; Declaration that applicant continues as member of Permanent Defence Forces; damages inquiry adjourned with liberty to re-enter.
Legal Topics
Natural Justice, Procedural Fairness, Defence Forces, Courts of Inquiry, Certiorari
Administrative Law Military Law Constitutional Law Natural Justice Procedural Fairness Defence Forces Courts of Inquiry Certiorari

Case Brief

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Parties

Applicant

Applicant

Respondents

Respondents

Procedural Posture

Judicial Review / Final Judgment After Leave Granted

Legal Issues

  1. 1 Whether the applicant was denied natural and constitutional justice in the conduct of a Court of Inquiry under the Defence Act, 1954
  2. 2 Whether failure to notify the applicant of the Inquiry invalidates its findings
  3. 3 Whether the applicant is estopped from invoking rights to natural justice by virtue of army membership

Ratio Decidendi

The applicant was denied natural and constitutional justice because he was not notified of the Court of Inquiry or given an opportunity to present evidence, despite his whereabouts being known and his solicitors being in contact with the army authorities. There is no waiver of such rights by virtue of army membership.

Court Disposition

Order of Certiorari granted; Declaration that applicant continues as member of Permanent Defence Forces; damages inquiry adjourned with liberty to re-enter.

Orders

  • Order of Certiorari quashing the proceedings and findings of the Court of Inquiry
  • Declaration that the applicant continues to be a member of the Permanent Defence Forces