Quinlivan v. Governor of Portlaoise Prison [1997] IEHC 16 (23rd January, 1997)

Quinlivan v. Governor of Portlaoise Prison [1997] IEHC 16 (23rd January, 1997)

There is no evidence of an unlawful conspiracy or fraud sufficient to vitiate legal professional privilege. The applicant's allegations are unsupported by affidavit evidence. Therefore, the claim of privilege stands and the application for further discovery is refused.

Citation
[1997] IEHC 16
Parties
Applicant: Mr Quinlivan; Notice Party: Director of Public Prosecutions; Notice Party: Minister for Justice; Notice Party: Attorney General
Jurisdiction
Ireland
Procedural Posture
Constitutional Application Under Article 40.4.2 / Judgment on Discovery and Privilege Issues
Outcome
Application refused
Legal Topics
Habeas Corpus, Legal Professional Privilege, Executive Privilege, Discovery, Conspiracy
Constitutional Law Criminal Law Evidence Habeas Corpus Legal Professional Privilege Executive Privilege Discovery Conspiracy

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Parties

Mr Quinlivan

Applicant

Director of Public Prosecutions

Notice Party

Minister for Justice

Notice Party

Attorney General

Notice Party

Procedural Posture

Constitutional Application Under Article 40.4.2 / Judgment on Discovery and Privilege Issues

Legal Issues

  1. 1 Whether legal professional privilege is vitiated by alleged conspiracy or fraud exception
  2. 2 Whether executive privilege applies to the documents sought
  3. 3 Whether further and better discovery should be ordered

Ratio Decidendi

There is no evidence of an unlawful conspiracy or fraud sufficient to vitiate legal professional privilege. The applicant's allegations are unsupported by affidavit evidence. Therefore, the claim of privilege stands and the application for further discovery is refused.

Court Disposition

Application refused

Orders

  • Same order as made in Anthony Duncan's case: legal professional privilege upheld, no further or better discovery ordered.