High Court refuses application for leave in respect of GSOC decision

April 27, 2016

In a recent decision of the High Court (Denis Flanagan v the Honourable Ms Justice Mary Ellen Ring, The Garda Síochána Ombudsman Commission and Ireland) Mr Justice Richard Humphreys has refused an application seeking leave for judicial review in respect of, inter alia, a decision of the Garda Síochána Ombudsman Commission (GSOC) that a complaint was inadmissible.

The complaint was made to GSOC in May 2015 in respect of an alleged failure on the part of An Garda Síochána to investigate an allegation of perjury, alleged to have occurred during the course of a High Court personal injuries action in 2009 in which the complainant was unsuccessful.

In refusing the application for leave, Mr Justice Humphreys held that it was not an arguable proposition to suggest that Gardaí are guilty of misconduct in failing to investigate an allegation of perjury made in respect of a personal injuries action six years previously and in which the complainant had been unsuccessful.  In this regard, Mr Justice Humphreys placed emphasis on the fact that the matter had been judicially determined.

Read the full decision here.

Author: Lyn McCarthy

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