Walsh v Minister for Justice and Equality & Ors [2019] IESC 54 (31 May 2019)

Walsh v Minister for Justice and Equality & Ors [2019] IESC 54 (31 May 2019)

The Supreme Court's jurisdiction to set aside its own final judgment is strictly limited to exceptional circumstances involving denial of constitutional justice; alleged errors of fact or dissatisfaction with the outcome do not suffice. The applicant failed to establish grounds for reopening the judgment under Greendale, and the procedural fairness of the contempt proceedings was upheld.

Citation
[2019] IESC 54
Parties
Appellant: David Walsh; Respondent: Minister for Justice and Equality; Respondent: Director of Public Prosecutions; Respondent: Courts Service; Respondent: Judge Alice Doyle; Respondent: Governor of Cork Prison
Jurisdiction
Ireland
Judgment Date
31 May 2019
Procedural Posture
Appeal / Post Judgment Motion to Set Aside Supreme Court Judgment
Outcome
application to set aside Supreme Court judgment refused; original judgment affirmed
Legal Topics
Finality of Supreme Court Decisions, Setting Aside Judgments, Errors of Fact, Fair Procedures, Legal Aid, Contempt Jurisdiction
Constitutional Law Civil Procedure Contempt of Court Finality of Supreme Court Decisions Setting Aside Judgments Errors of Fact Fair Procedures Legal Aid +1 more

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Parties

David Walsh

Appellant

Minister for Justice and Equality

Respondent

Director of Public Prosecutions

Respondent

Courts Service

Respondent

Judge Alice Doyle

Respondent

Governor of Cork Prison

Respondent

Procedural Posture

Appeal / Post Judgment Motion to Set Aside Supreme Court Judgment

Legal Issues

  1. 1 Whether the Supreme Court may set aside its own final judgment under Article 34.5.6° of the Constitution
  2. 2 Whether alleged errors of fact in the judgment justify setting aside or amending the judgment
  3. 3 Whether the procedures adopted before the order of committal for contempt were lawful and fair

Ratio Decidendi

The Supreme Court's jurisdiction to set aside its own final judgment is strictly limited to exceptional circumstances involving denial of constitutional justice; alleged errors of fact or dissatisfaction with the outcome do not suffice. The applicant failed to establish grounds for reopening the judgment under Greendale, and the procedural fairness of the contempt proceedings was upheld.

Court Disposition

application to set aside Supreme Court judgment refused; original judgment affirmed

Orders

  • Clarification of certain factual statements in the judgment; no substantive amendments required
  • Affirmation of Court of Appeal order for reissuance of warrant of committal; Mr. Walsh to serve remaining ten days of sentence