High Court grants discovery of Garda records but excludes privileged DPP correspondence in malicious prosecution case.

[2019] IEHC 279

THE HIGH COURT

[2008 11094 P]

BETWEEN

KEVIN TRACEY AND KAREN TRACEY

PLAINTIFFS

V. IRELAND, THE ATTORNEY GENERAL, THE MINISTER FOR JUSTICE, AND EQUALITY, THE COMMISSIONER OF AN GARDA

SIOCHANA, THE DIRECTOR OF PUBLIC PROSECUTIONS, THE COURTS SERVICE, JOHN MOLLOY, FRIEDA MCELHINNEY, HAZEL

BELL, KEITH LAMBE, EDWARD FINUCANCE, KEVIN GROGAN, DAVID REYNOLDS, DEIRDRE RYAN AND RONAN COFFEY

DEFENDANTS

JUDGMENT of Mr. Justice Robert Eagar delivered on the 5th day of April 2019

1. This is a judgment of an application for discovery made by the plaintiff in this case.

2. The plaintiff is not professionally represented and represented himself at the time of this application.

3. The plaintiffs issued a plenary summons on behalf of himself and his wife on the 23rd December 2008 seeking: -

(i) Damages for malicious prosecution and serious abuse of the legal process, conspiracy and collusion to falsely convict,

conspiracy and collusion to pervert the course of justice, conspiracy and collusion to damage the good name of the

plaintiffs, mala fides and malfeasance in public office, violations to the principles of natural justice, constitutional justice

and human rights, intimidation, intentional infliction of personal and extreme distress and loss, post –traumatic stress,

acute and continuous disruption to the lives of the plaintiffs, intentional infliction of emotional and psychological distress

and harm on the plaintiffs by the wilful infringement of and failure to vindicate the constitutional, European Convention on

Human Rights (ECHR) and other rights.

4. A statement of claim was served detailing the issue of the allegation of the plaintiff. Kevin Tracy, driving his vehicle without holding

a driving licence or without having insurance and he was summonsed for having no insurance, having no driving licence, failing to

produce insurance, failing to produce a driving licence.

5. A motion for discovery grounded on the affidavit of the first plaintiff sought: -

(i) A copy of all official record documents in respect of the issuing of the summons including any application for a decision

to issue same, together with any document upon which the defendants intends to rely on.

(ii) A copy of the charge sheet in the possession of the Gardai in relation to the four alleged offences against the first

named plaintiff.

(iii) A copy of the declaration of service for the four prosecutions by Sgt. Kevin Grogan of Ballyfermot Garda Station in

relation to: -

(a) Having no insurance;

(b) Having no driving licence;

(c) Failure to produce driving licence within ten days;

(d) Failure to produce insurance certificate within ten days.

(iv) A copy of the Garda station log for Sgt. Kevin Grogan and Gda. David Reynolds of Ballyfermot Garda Station on the

23rd November 2005.

(v) A copy of the notebook entries taken on the 23rd November 2005 by Sgt. Kevin Grogan and Gda. David Reynolds of

Ballyfermot Garda Station.

(vi) A copy of the entry in the record book at Blanchardstown Garda Station confirming the possession and production of

the first named plaintiffs’ licence and insurance.

(vii) Copy of the Garda PULSE record entered at Blanchardstown Garda Station confirming the possession and production

of the first named plaintiffs’ driving licence and insurance;

(viii) Copy of the file sent to the DPP and the prosecution of four alleged offences against the first named plaintiff.

6. In respect of the Courts Service an application was made for three issues which are already covered by the State defendants.

7. In relation to correspondence sent to the Director of Public Prosecution this is clearly privileged information between the Gardai and

the DPP and the court will not direct the discovery of those documents.

8. The response of the State defendants (including the Courts Service) was that the State defendants would discover: -

(i) A copy of any application from and decision to issue summonses including C34 from the charges in respect of the

plaintiff for no insurance, no driving licence, failure to produce driving licence within ten days, and failure to produce

insurance certificate within ten days on the 23rd November 2005 and for the charge of driving without reasonable

consideration on the 23rd June 2005.

(ii) A copy of the charge sheets in possession of the Gardai for the charges in respect of the plaintiff for no insurance, no

driving licence, failure to produce driving licence within ten days, and failure to produce insurance certificate within ten

days on the 23rd November 2005 and for the charge of driving without reasonable consideration on the 23rd June 2005.

(iii) A copy of the declaration of service for the summonses in connection with the charges for no insurance, no driving

licence, failure to produce driving licence within ten days, and failure to produce insurance certificate within ten days on

the 23rd November 2005 and for the charge of driving without reasonable consideration on the 23rd June 2005,

(iv) A copy of the Garda station log for Ballyfermot Garda Station relating to Gda. Ronan Coffey for the 11th September

2005 and copy of the Garda station log for Ballyfermot Garda Station for Sgt. Kevin Grogan and Gda. David Reynolds of

Ballyfermot Garda Station for the 23rd November 2005;

(v) A copy of the notebook entries taken by Sgt. Kevin Grogan and Gda. David Reynolds of Ballyfermot Garda Station on

the 23rd November 2005 relating to the charges of no insurance, no driving licence, failure to produce driving licence

within ten days, and failure to produce insurance certificate within ten days on the 23rd November 2005;

(vi) A copy of the notebook entries for Gda. Ronan Coffey of Ballyfermot Garda Station on the 23rd November 2005

relating to the charges of driving without reasonable consideration;

(vii) A copy of entry to the record book in Ballyfermot Garda Station confirming the production of the first named plaintiffs’

licence and insurance.

9. On the basis that the State defendants are discovering a copy of entry to the record book in Ballyfermot Garda Station confirming

the production of the first named plaintiffs’ licence and insurance there is no necessity to discover the copy of the garda PULSE

record entered at Blanchardstown Garda Station confirming the possession and production of the first named plaintiffs’ licence and

insurance.

10. The Court will in due course make an order in relation to this regard and will direct discovery by a person to be named by the

State defendants to swear the affidavit of discovery.