O'Raithbheartaigh -v- Judge McNamara & anor [2014] IEHC 406 (11 July 2014)

O'Raithbheartaigh -v- Judge McNamara & anor [2014] IEHC 406 (11 July 2014)

The making of the restraining order breached the applicant's right to fair procedures because the applicant was not given notice of the application for the order at a time when the evidence could be tested, nor was he afforded an opportunity to adduce or challenge evidence relevant to the restraining order. The absence of an appeal mechanism and the penal consequences of breach heightened the requirement for fairness, which was not met.

Citation
[2014] IEHC 406
Parties
Applicant: Daithi O'Raithbheartaigh; First Respondent: Judge Patricia McNamara; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
11 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
order of certiorari granted; restraining order quashed
Legal Topics
Harassment, Restraining Orders, Fair Procedures, Judicial Review, Acquittal, Constitutional Justice
Criminal Law Constitutional Law Harassment Restraining Orders Fair Procedures Judicial Review Acquittal Constitutional Justice

Case Brief

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Parties

Daithi O'Raithbheartaigh

Applicant

Judge Patricia McNamara

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the making of a restraining order under s.10(3) of the Non-Fatal Offences Against the Person Act 1997 following an acquittal breached the applicant's right to fair procedures and constitutional justice
  2. 2 Whether the District Judge erred in making the order without an evidential basis or sufficient notice

Ratio Decidendi

The making of the restraining order breached the applicant's right to fair procedures because the applicant was not given notice of the application for the order at a time when the evidence could be tested, nor was he afforded an opportunity to adduce or challenge evidence relevant to the restraining order. The absence of an appeal mechanism and the penal consequences of breach heightened the requirement for fairness, which was not met.

Court Disposition

order of certiorari granted; restraining order quashed

Orders

  • Order of certiorari quashing the restraining order made by the District Court