Martin Foley’s action against sheriff and State struck out

The High Court has struck out a claim by convicted criminal Martin Foley and his wife Sonya against the former Dublin city sheriff and the State following the seizure of goods from their home in 2014.

Mr Foley and his wife Sonya Doyle, also known as Sonya Foley, sued the now-retired sheriff James Barry, the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General alleging a breach of privacy occurred when their home was searched on October 15th, 2014.

They said the defendants disclosed confidential material about the operation to members of the media who were present at the Foleys’ home when the search and seizure occurred.

The claims were fully denied.

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The proceedings were initiated in 2015.

Mr Barry, represented by Senior Council Benedict Ó Floinn, brought a pretrial motion seeking to have the action dismissed on the grounds of inordinate and inexcusable delay.

It was claimed that while certain legal documents had been exchanged in the case, nothing had been done by the Foleys to progress their case for several years.

Mr Barry, who retired from the role of Dublin city sheriff in 2018, claimed he had been prejudiced by the delay of several years.

He also argued the Foleys gave him no reason for the delay.

When that matter came before Mr Justice David Nolan on Monday, the court was told the Foleys were not contesting Mr Barry’s application.

Mr Ó Floinn said that the Foleys had written to his side late last week indicating they were not opposing his client’s bid for an order dismissing the entire proceedings.

Mr Justice Nolan agreed the Foley’s action against all of the respondents should be struck out.

The Foleys had claimed various rights, including their right to privacy, were breached when agents of Mr Barry and gardaí with the Criminal Assets Bureau (CAB) came to their home at Cashel Avenue, Crumlin, in October 2014.

The search and seizure, it was alleged, was conducted by the sheriff on foot of documentation provided to him by the Cab.

They also alleged that several journalists and photographers were present when the operation took place.

They claimed that several articles and photographs were published in newspapers about the operation.

They claimed the defendants had negligently provided the media with what they alleged were sensitive and private information about the search and seizure operation.

They sought damages for what they claimed was a breach of their constitutional right to privacy, breach of data protection rights, and breach of their enjoyment of their home.

They further alleged their rights under the European Convention on Human Rights had also been breached and that the defendants were negligent and in breach of their duty of care towards the Foleys.

The claims were fully denied.

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