The president of the District Court has said “a lot” of cases may have to be adjourned and more gardaí may have to attend courts following a High Court decision overturning a rule under which a huge volume of criminal prosecutions were managed by Garda ‘presenters’ there.
The High Court’s Ms Justice Marguerite Bolger held on Tuesday that a District Court rule which permits any garda to present a prosecution in the District Courts is an “impermissible” amendment of section 8.2 of the Garda Síochána Act which limits that “significant” right to the garda who initiated the prosecution.
District Court president, Judge Paul Kelly, told The Irish Times later on Tuesday he is waiting to see how the DPP will respond to the High Court judgment.
He said emergency legislation could “easily” address the situation. He also agreed the DPP has the option to appeal the judgment but said, pending any such appeal, the High Court decision is stating the law.
While it is not entirely clear what impact the High Court decision will have on the District Courts, it may well be that a lot of cases will have to be adjourned and more gardaí will have to attend the courts pending the DPP’s response, he said.
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