Agrama -v- MJELR & Ors [2009] IEHC 476 (30 October 2009)

Agrama -v- MJELR & Ors [2009] IEHC 476 (30 October 2009)

The documents sought in categories 1-3 are relevant and necessary for the fair disposal of the issues for which leave has been granted, particularly regarding the Minister's consideration of the applicant's complaints and the rationality of the Minister's actions. Discovery is therefore ordered for those categories.

Citation
[2009] IEHC 476
Parties
Applicant: Frank Agrama; First Respondent: The Minister for Justice, Equality and Law Reform; Second Respondent: District Judge Catherine Murphy; Third Respondent: District Judge Bridget Reilly
Jurisdiction
Ireland
Judgment Date
30 October 2009
Procedural Posture
Judicial Review / Interlocutory Application for Discovery
Outcome
Discovery granted in part
Legal Topics
Mutual Legal Assistance, Judicial Review, Discovery, Abuse of Process
Administrative Law Criminal Law International Cooperation Mutual Legal Assistance Judicial Review Discovery Abuse of Process

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Parties

Frank Agrama

Applicant

The Minister for Justice, Equality and Law Reform

First Respondent

District Judge Catherine Murphy

Second Respondent

District Judge Bridget Reilly

Third Respondent

Procedural Posture

Judicial Review / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the Minister is obliged to consider the accuracy and fairness of a foreign Letter of Request before nominating a judge under s. 51 of the Criminal Justice Act, 1994
  2. 2 Whether the applicant is entitled to discovery of documents relating to the Minister's consideration of complaints about the Letters of Request

Ratio Decidendi

The documents sought in categories 1-3 are relevant and necessary for the fair disposal of the issues for which leave has been granted, particularly regarding the Minister's consideration of the applicant's complaints and the rationality of the Minister's actions. Discovery is therefore ordered for those categories.

Court Disposition

Discovery granted in part

Orders

  • Order for discovery of documents in categories 1-3 as set out in the applicant's letter of 13th October 2008
  • No order for discovery in respect of category 4