Father and son lose High Court challenge to Covid travel fixed penalty notices
Nicolae and Florin Mazarache, a father and son from Clondalkin, Dublin, were stopped by a garda at Dublin Airport on April 17th, 2021, while travelling to Spain, and were later issued €2,000 fixed penalty notices alleging movement of persons at a port or airport in breach of Covid regulations under the 1947 Health Act (as amended). They did not pay and instead brought judicial review proceedings, arguing the notices failed to specify the offence. On February 9th, 2024, Ms Justice Nuala Jackson dismissed the challenge in the High Court and lifted the injunction halting the District Court prosecution, so the prosecution can proceed.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court9 Feb
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Nicolae and Florin Mazarache, a father and son from Clondalkin, Dublin, received fixed penalty notices for allegedly breaching Covid regulations by travelling to Dublin Airport in 2021.
- Where
- They were stopped by a garda at Dublin Airport.
- When
- They were travelling to Spain to visit family members on April 17th, 2021.
- The High Court judgment dismissing the challenge was reported on February 9th, 2024.
- Charges
- The notices alleged they had committed an offence of movement of persons at a port or airport, contrary to the 1947 Health Act (as amended).
- Sentence
- A fixed payment of €2,000 was applied.
- Other details
- If the fixed payment was not paid within 28 days, the case would go before the District Court, where a conviction could carry a fine of up to €4,000 and/or one month's imprisonment.
- Any deficiencies in the fixed notice process are matters for the District Court to address.
- In court
- The men did not pay and brought judicial review proceedings, arguing the notices failed to specify or particularise the offence, which was unfair.
- The respondents were the Garda Commissioner, the DPP and the Minister for Health, who opposed the challenge.
- The judge found the notices did not comply with statutory requirements but did not amount to a legal frailty breaching fair procedures.
- Ms Justice Nuala Jackson dismissed the case and lifted an injunction halting the District Court prosecution.
13 statements extracted from the articles
- whatA father and son failed in a High Court challenge to fixed penalty notices. (irishtimes.com)
- whatThey were allegedly breaching Covid regulations by travelling to Dublin Airport in 2021. (irishtimes.com)
- whereThey were stopped at Dublin Airport by a garda. (irishtimes.com)
- whenThey were travelling to Spain on April 17th, 2021. (irishtimes.com)
- chargeThe notices alleged an offence of movement of persons at a port or airport, contrary to the 1947 Health Act (as amended). (irishtimes.com)
- courtThe men did not pay and instead brought judicial review proceedings. (irishtimes.com)
- courtThey argued the notices failed to specify or particularise the offence, which was unfair. (irishtimes.com)
- courtThe respondents were the Garda Commissioner, the DPP and the Minister for Health, and they opposed the challenge. (irishtimes.com)
- courtMs Justice Nuala Jackson dismissed the case and lifted an injunction halting the District Court prosecution. (irishtimes.com)
- sentenceA fixed payment of €2,000 was applied. (irishtimes.com)
- otherIf the fixed payment was not paid within 28 days, the case would go before the District Court, where a conviction could carry a fine of up to €4,000 and/or one month's imprisonment. (irishtimes.com)
- otherThe judge found the notices did not comply with statutory requirements but did not amount to a legal frailty breaching fair procedures. (irishtimes.com)
- otherAny deficiencies in the fixed notice process are matters for the District Court to address. (irishtimes.com)
The reporting
newest first- 9 Feb2024Father and son fail in High Court challenge to Covid travel fixed penalty notices
Reports the High Court judgment dismissing the judicial review of the fixed penalty notices, and that the District Court prosecution can proceed.
suspectsuspect, Florin Mazarache, namedFlorin Mazarache