Rogers v DPP & Ors (Approved) [2024] IEHC 316 (16 May 2024)

Rogers v DPP & Ors (Approved) [2024] IEHC 316 (16 May 2024)

The applicant's complaints regarding evidence, trial conduct, and sentence conditions are matters for appeal, not judicial review, as no fundamental breach of justice or fair procedures was established; the absence of a disability access officer does not render the conviction unlawful.

Citation
[2024] IEHC 316
Parties
Applicant: Linda Rogers; Respondent: DPP; Respondent: Finbarr Thompson; Respondent: Lorcan Cowen; Respondent: Sonia Buggy; Respondent: Adrian O'Reilly; Respondent: Adrian Kildea; Respondent: Dave Freeman; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Minister for Children, Equality, Disability, Integration and Youth of Ireland; Respondent: National Disability Authority; Respondent: The Superior Courts Committee; Respondent: President of the High Court; Respondent: The Courts Service; Respondent: District Judge John Hughes; Respondent: Judicial Conduct Committee; Respondent: Irish Human Rights and Equality Commission; Respondent: Garda Ombudsman; Respondent: Garda Siochana Inspectorate; Respondent: The Office of Public Works
Jurisdiction
Ireland
Judgment Date
16 May 2024
Procedural Posture
Judicial Review / Application for Leave to Seek Judicial Review
Outcome
Leave to seek judicial review refused
Legal Topics
Public Order Offences, Fair Trial Rights, Disclosure Obligations, Judicial Conduct, Disability Access, Suspended Sentences
Criminal Law Judicial Review Disability Law Public Order Offences Fair Trial Rights Disclosure Obligations Judicial Conduct Disability Access +1 more

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Parties

Linda Rogers

Applicant

DPP

Respondent

Finbarr Thompson

Respondent

Lorcan Cowen

Respondent

Sonia Buggy

Respondent

Adrian O'Reilly

Respondent

Adrian Kildea

Respondent

Dave Freeman

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Minister for Children, Equality, Disability, Integration and Youth of Ireland

Respondent

National Disability Authority

Respondent

The Superior Courts Committee

Respondent

President of the High Court

Respondent

The Courts Service

Respondent

District Judge John Hughes

Respondent

Judicial Conduct Committee

Respondent

Irish Human Rights and Equality Commission

Respondent

Garda Ombudsman

Respondent

Garda Siochana Inspectorate

Respondent

The Office of Public Works

Respondent

Procedural Posture

Judicial Review / Application for Leave to Seek Judicial Review

Legal Issues

  1. 1 Whether the applicant is entitled to judicial review of her District Court conviction despite having an appeal pending in the Circuit Court
  2. 2 Whether alleged deficiencies in evidence, disclosure, and trial conduct amount to a fundamental breach of justice justifying judicial review
  3. 3 Whether the absence of a disability access officer constitutes a breach warranting quashing of conviction

Ratio Decidendi

The applicant's complaints regarding evidence, trial conduct, and sentence conditions are matters for appeal, not judicial review, as no fundamental breach of justice or fair procedures was established; the absence of a disability access officer does not render the conviction unlawful.

Court Disposition

Leave to seek judicial review refused

Orders

  • Application for leave to seek judicial review refused
  • No order as to costs