De Gortari v. Smithwick [1999] IESC 51; [1999] 4 IR 223; [2000] 1 ILRM 463 (25th June, 1999)

De Gortari v. Smithwick [1999] IESC 51; [1999] 4 IR 223; [2000] 1 ILRM 463 (25th June, 1999)

The Irish constitutional requirement that justice be administered in public (Article 34.1) applies to judicial review proceedings in Ireland. No statutory or constitutional exception applies in this case, as the applicant has not established a real risk to a fair trial or any fundamental right. The fact that the equivalent proceedings in France would be held in camera, and the applicant's wish for confidentiality, do not displace the Irish rule. Matters of procedure are governed by Irish law (lex fori), not foreign law or comity. The appeal is dismissed.

Citation
[1999] IESC 51
Parties
Applicant/appellant: Applicant/Appellant (unnamed); Respondent: District Judge Smithwick; Notice Party: Minister for Justice, Equality and Law Reform; Notice Party: Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Preliminary Issue Decision
Outcome
Appeal dismissed
Legal Topics
Administration of Justice in Public, International Judicial Cooperation, Mutual Legal Assistance, Judicial Review, Privilege Against Self Incrimination
Constitutional Law Criminal Procedure Conflict of Laws Administration of Justice in Public International Judicial Cooperation Mutual Legal Assistance Judicial Review Privilege Against Self Incrimination

Case Brief

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Parties

Applicant/Appellant (unnamed)

Applicant/appellant

District Judge Smithwick

Respondent

Minister for Justice, Equality and Law Reform

Notice Party

Attorney General

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Preliminary Issue Decision

Legal Issues

  1. 1 Whether judicial review proceedings arising from a request under section 51 of the Criminal Justice Act 1994 should be heard in camera due to the confidentiality requirements of the requesting foreign jurisdiction (France)
  2. 2 Whether the Irish constitutional requirement that justice be administered in public (Article 34.1) yields to foreign procedural requirements or comity
  3. 3 Whether the lex fori (law of the forum) or foreign law governs the procedural question of publicity in Irish proceedings

Ratio Decidendi

The Irish constitutional requirement that justice be administered in public (Article 34.1) applies to judicial review proceedings in Ireland. No statutory or constitutional exception applies in this case, as the applicant has not established a real risk to a fair trial or any fundamental right. The fact that the equivalent proceedings in France would be held in camera, and the applicant's wish for confidentiality, do not displace the Irish rule. Matters of procedure are governed by Irish law (lex fori), not foreign law or comity. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judicial review proceedings to be heard in public
  • No order for in camera hearing