McDonagh -v- Judge Anne Watkin & Ors [2013] IEHC 582 (20 December 2013)

McDonagh -v- Judge Anne Watkin & Ors [2013] IEHC 582 (20 December 2013)

The District Judge acted within jurisdiction and reasonably in issuing and refusing to revoke the bench warrant. The applicant's failure to disclose the execution of the warrant was a serious non-disclosure of material fact, justifying refusal of relief. The refusal to revoke the warrant was not irrational or disproportionate in the circumstances.

Citation
[2013] IEHC 582
Parties
Applicant: Julianne McDonagh; First Respondent: District Judge Anne Watkin; Second Respondent: The Commissioner of An Garda Síochána; Notice Party: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
20 December 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Bench Warrant, Bail, Non Disclosure, Proportionality, Irrationality, Duty of Candour
Criminal Law Judicial Review Administrative Law Bench Warrant Bail Non Disclosure Proportionality Irrationality +1 more

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Parties

Julianne McDonagh

Applicant

District Judge Anne Watkin

First Respondent

The Commissioner of An Garda Síochána

Second Respondent

The Director of Public Prosecutions

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the District Judge's refusal to revoke a bench warrant was irrational or disproportionate
  2. 2 Whether non-disclosure of material facts disentitles the applicant to relief

Ratio Decidendi

The District Judge acted within jurisdiction and reasonably in issuing and refusing to revoke the bench warrant. The applicant's failure to disclose the execution of the warrant was a serious non-disclosure of material fact, justifying refusal of relief. The refusal to revoke the warrant was not irrational or disproportionate in the circumstances.

Court Disposition

Application refused

Orders

  • No relief granted to the applicant