O'Donnell v. O'Connell [2000] IEHC 203 (29th November, 2000)

O'Donnell v. O'Connell [2000] IEHC 203 (29th November, 2000)

The decisions in the prosecutions are flawed due to objective bias arising from the trial judge's consideration or apparent consideration of Mr. O'Hara's report, which was not in evidence and not subject to cross-examination.

Citation
[2000] IEHC 203
Parties
Applicant: Applicant; Respondent: First Named Respondent (Judge O'Donnell)
Jurisdiction
Ireland
Procedural Posture
Judicial Review (order of Certiorari and Prohibition) / Judgment on Merits After Leave Granted
Outcome
Relief granted. Orders of certiorari and prohibition issued.
Legal Topics
Objective Bias, Use of Extraneous Material, Licensing Prosecutions, Judicial Impartiality
Administrative Law Criminal Law Licensing Law Objective Bias Use of Extraneous Material Licensing Prosecutions Judicial Impartiality

Case Brief

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Parties

Applicant

Applicant

First Named Respondent (Judge O'Donnell)

Respondent

Procedural Posture

Judicial Review (order of Certiorari and Prohibition) / Judgment on Merits After Leave Granted

Legal Issues

  1. 1 Whether the trial judge improperly considered extraneous material (Mr. O'Hara's report) in deciding prosecutions against the Applicant
  2. 2 Whether the Applicant is entitled to prohibition and certiorari on grounds of objective bias

Ratio Decidendi

The decisions in the prosecutions are flawed due to objective bias arising from the trial judge's consideration or apparent consideration of Mr. O'Hara's report, which was not in evidence and not subject to cross-examination.

Court Disposition

Relief granted. Orders of certiorari and prohibition issued.

Orders

  • Decisions and penalties in cases B, C, and D set aside.
  • Penalty decision in case A set aside.