A man failed yesterday to secure an order preventing the DPP from prosecuting him in the District Court for allegedly failing to report a change in ownership of a vehicle.
Mr Joseph McGuinn had claimed that, prior to the vehicle ownership prosecution being brought against him, he had been wrongfully arrested in a "dreadful blunder" by gardaí. He also alleged that a detective sergeant had spun him around, pinned his face to the wall and put a revolver to his head in the presence of his employer. He had made complaints to the Garda Síochána Complaints Board and these were being investigated.
Counsel for the DPP yesterday denied that the prosecution on the vehicle ownership charges was tainted with impropriety and illegality. The DPP contended that the arrests of Mr McGuinn over other alleged offences had nothing to do with the vehicle ownership prosecution.
Refusing to grant an order restraining the District Court prosecution, Mr Justice Butler said that while he had "enormous sympathy" for Mr McGuinn and believed the alleged offence against him was "trivial", he did not know how the District Court would deal with the prosecution. In those circumstances he thought it would be wrong to grant an order prohibiting it.
The judicial review proceedings were brought by Mr McGuinn (30), Castle Grove West, Castlebar, Co Mayo. The court was told on behalf of the DPP that the case arose out of a car accident, although Mr Justice Butler said he questioned that.
Mr Aidan Crowley, solicitor for Mr McGuinn, said it appeared the ultimate objective of the actions on March 5th and 6th, 2004 was to intimidate Mr McGuinn and secure the withdrawal of his legitimate complaint against the detective sergeant. In the days immediately following, he was served with a summons for failing to report a change of ownership for a vehicle. Mr Crowley said the summons was applied for on January 26th, 2004, six days after Mr McGuinn had been interviewed about his complaint.
Mr Justice Butler, referring to Mr McGuinn's allegations, said that when people make allegations, reputations suffer and those allegations were being investigated. However, he had enormous sympathy for Mr McGuinn and felt the whole thing was "deeply suspicious". Mr McGuinn wanted to seek redress and was entitled to that, he added.
At one stage during the hearing, Mr Paul McDermott SC, for the DPP, said the alleged offence arose out of a car crash and this was important for the reputation of the gardaí involved. Mr Justice Butler said: "What about the applicant's reputation when he is arrested by armed gardaí and a gun put to his head in front of his employer?" Mr McDermott said that was the allegation and it was being investigated. The judge said: "Well, you can investigate the other one too."
Mr McDermott said the purpose of judicial review proceedings was not to engage in some sort of general inquiry into the conduct of the gardaí. An independent investigation had begun into the events alleged.
Mr McGuinn, who had no previous convictions and no previous dealings with the Garda, had been referred to a psychiatrist and was suffering from depression, anxiety and severe post-traumatic stress disorder because of his two wrongful arrests, Mr Crowley said.