Shatter to appeal ruling on his bid to quash parts of Guerin report

Former minister for justice Alan Shatter has said he will appeal against the rejection of his High Court bid to quash parts of the Guerin report, concerning his handling of allegations made by a Garda whistleblower

.

Paul Sreenan SC, with Patrick O'Reilly SC, for Mr Shatter told Mr Justice Seamus Noonan yesterday that they were instructed to appeal the judge's decision last month dismissing Mr Shatter's judicial review challenge on all grounds.

Mr Sreenan said that, given the court’s judgment, there was no basis for his side to oppose an application on behalf of barrister Seán Guerin requiring Mr Shatter to pay the costs of the failed challenge.

However, he wanted a stay on the costs order pending the appeal to the Court of Appeal.

Paul Anthony McDermott, for Mr Guerin, said they were seeking their costs, including reserved costs, but were not opposing a stay as there was a statutory right of appeal.

Mr Justice Noonan said he would make the costs order as sought, but stay it pending determination of the appeal.

In his judgment last month, Mr Justice Noonan said he could not see how Mr Shatter, as a member of the Government that chose to obtain and publish the report compiled by Mr Guerin into the handling of whistleblower allegations, “can complain of the consequences”.

The Guerin report involved an expression of expert opinion, was “legally sterile”, and Mr Shatter’s complaints appeared, in reality, to concern its publication and later political consequences, the judge observed.