Cafferky -v- Kelly [2016] IEHC 153 (18 March 2016)

Cafferky -v- Kelly [2016] IEHC 153 (18 March 2016)

The exercise of judicial functions, including applications for the issue of a summons by a private prosecutor, must be conducted in public unless a statutory exception applies. No such exception was invoked; therefore, the refusal to hear the application in open court was unlawful.

Citation
[2016] IEHC 153
Parties
Applicant: Eugene Cafferky; Respondent: John Kelly; Notice Parties: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
18 March 2016
Procedural Posture
Judicial Review / Substantive Hearing (telescoped Leave Application)
Outcome
Application granted
Legal Topics
Certiorari, Open Court Principle, Private Prosecution, Judicial Function, Satellite Litigation
Administrative Law Constitutional Law Criminal Procedure Certiorari Open Court Principle Private Prosecution Judicial Function Satellite Litigation

Case Brief

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Parties

Eugene Cafferky

Applicant

John Kelly

Respondent

Ireland and the Attorney General

Notice Parties

Procedural Posture

Judicial Review / Substantive Hearing (telescoped Leave Application)

Legal Issues

  1. 1 Whether refusal to issue a summons was unlawful
  2. 2 Whether application for issue of summons should have been heard in open court

Ratio Decidendi

The exercise of judicial functions, including applications for the issue of a summons by a private prosecutor, must be conducted in public unless a statutory exception applies. No such exception was invoked; therefore, the refusal to hear the application in open court was unlawful.

Court Disposition

Application granted

Orders

  • District Court Clerk for Carrick-on-Shannon to prepare or produce a record of Judge Kilraine's order of 17 November 2015 refusing the applicant's application for issue of summons against the respondent.
  • Order of certiorari issued removing the said order for the purpose of being quashed.