The Supreme Court has ruled that a lower court judge was entitled to order the DPP to pay the legal costs of two men whose prosecutions for alleged assault were discontinued mid-trial.
The ruling relates to a matter that first came before the courts over 12 years ago. On April 28th 2009 John Matthews, a wildlife ranger with the National Parks and Wildlife Service was involved in an altercation with Gerard Gearty at Cloonart near Roosky, in Co Roscommon.
As a result of complaints made, both men were subsequently prosecuted for assault by the gardaí, acting for the DPP, before the District Court in Leitrim .
However, on the second day of the hearing, before Judge Elizabeth McGrath, the DPP directed that both prosecutions be withdrawn.
At the District Court Mr Matthews’ solicitor, Mr Gabriel Toolan, asked the court to continue with the cases, or adjourn the cases to allow the DPP provide reasons for its decision.
The District Court judge struck out both prosecutions and ordered that their costs be paid by the DPP.
After Mr Toolan sent the gardaí a bill of costs, the DPP challenged the District Court judge’s decision regarding costs by way of High Court judicial review.
Both Mr Matthews, who opposed the matter, and Mr Gearty were notice parties to the action.
The DPP successfully argued before the High Court that the rules governing the District Court precluded the judge from making of a costs order against it or any member of the An Garda Síochána prosecuting on the DPP’s behalf.
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