The High Court has placed a stay on orders that were due to come into effect today and would have had “significant consequences” for the running of District Court cases.
Ms Justice Marguerite Bolger on Thursday said she was aware there was a “public interest” in the matter, and she used her discretion to halt the effects of her ruling pending an appeal.
Late last month Ms Justice Bolger held that a District Court rule permitting any garda to conduct a prosecution in the local courts is an “impermissible” amendment of section 8.2 of the Garda Síochána Act. This section limits the presenting role to the garda who initiated the prosecution.
Effects of the judgment had been suspended until today when the judge said she intended to make a further stay that would remain in effect until the matter reaches an appeal court.
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The judge was acutely aware her orders would have “very significant consequences” for the operations of the lower courts if they were to be activated and it made sense to maintain the status quo in the event of an appeal. Her decision would be communicated to District Courts across the country, she noted.
Sunniva McDonagh SC, for the Director of Public Prosecutions, said she was satisfied with the judge’s decision.
The court heard that emergency legislation to address the issues was likely to be brought before the Oireachtas on Thursday or Friday and the matter may then become moot.
Last week the Government approved the progression of this legislation, which is to provide for a continued legal basis for Garda court presenters in District Court prosecutions.
The proposed legislation will establish a right for any member of An Garda Síochána to conduct a prosecution, whether or not that member initiated the prosecution, a Department of Justice spokesman said.
Minister for Justice Helen McEntee said the “well-established” system of using Garda court presenters enables more efficient use of police resources by reducing the need for Garda attendance at court.
She said last week that there would be “significant disruption” to the operation of district courts throughout the country if remedial legislation to allow for the continued use of court presenters is not introduced.
The legal issue arose in relation to a prosecution last August of a man who denied a charge of having a small quantity of cannabis.
The defendant’s solicitor argued the Garda sergeant, who said he was “instructed” by the prosecuting garda, had no right of audience before the District Court.
District Judge Miriam Walsh referred legal issues to the High Court for determination.
