McBrearty v. O'Donnell [1999] IESC 79 (22nd November, 1999)

The District Judge acted within jurisdiction in refusing the adjournment, and the High Court was correct in refusing leave for judicial review; there are no exceptional circumstances justifying interference by the Supreme Court.

Citation: [1999] IESC 79
Parties: Applicant: Frank McBrearty; Respondent: Judge John O'Donnell; Respondent: Director of Public Prosecutions
Jurisdiction: Ireland
Procedural Posture: Appeal / Appeal From High Court Refusal to Grant Leave for Judicial Review
Outcome: appeal dismissed
Legal Topics: Prohibition Order, Adjournment, Abuse of Process, Discovery, Administration of Justice

Criminal Law Judicial Review Procedural Law Prohibition Order Adjournment Abuse of Process Discovery Administration of Justice

Case Brief

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Parties

Frank McBrearty

Applicant

Judge John O'Donnell

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Appeal / Appeal From High Court Refusal to Grant Leave for Judicial Review

Legal Issues

1 Whether the High Court erred in refusing leave to seek judicial review for an order of prohibition against the District Judge and DPP
2 Whether the District Judge acted within jurisdiction in refusing an adjournment
3 Whether allegations of abuse of process and ongoing investigation warranted interference by the Supreme Court

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed; no interference with District Judge's ruling or High Court order.