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 prevails unless a statutory or constitutional exception applies. The applicant failed to demonstrate any such exception, as neither the wish for confidentiality nor the procedural norms of the requesting foreign state suffice to displace the public hearing requirement. Matters of procedure are governed by Irish law, not foreign law, and no fundamental right or fair trial issue was established.

Citation
[2000] 1 ILRM 463
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, Conflict of Laws, Privilege Against Self Incrimination
Constitutional Law Criminal Procedure Private International Law Administration of Justice in Public International Judicial Cooperation Mutual Legal Assistance Judicial Review Conflict of Laws +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

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 s.51 of the Criminal Justice Act 1994 should be heard in camera due to French procedural secrecy requirements.
  2. 2 Whether the Irish constitutional requirement for public administration of justice (Article 34.1) yields to foreign procedural norms or comity.

Ratio Decidendi

The Irish constitutional requirement that justice be administered in public prevails unless a statutory or constitutional exception applies. The applicant failed to demonstrate any such exception, as neither the wish for confidentiality nor the procedural norms of the requesting foreign state suffice to displace the public hearing requirement. Matters of procedure are governed by Irish law, not foreign law, and no fundamental right or fair trial issue was established.

Court Disposition

Appeal dismissed

Orders

  • Judicial review proceedings to be heard in public; no order for in camera hearing.