Ireland Supreme Court upholds costs order in Roscommon assault case
On 28 April 2009, John Matthews, a wildlife ranger with the National Parks and Wildlife Service, and Gerard Gearty were involved in an altercation at Cloonart near Roosky, County Roscommon. Both men were subsequently prosecuted for assault by the gardaí acting for the DPP before the District Court in Leitrim, but the DPP directed that both prosecutions be withdrawn on the second day of the hearing. The District Court judge struck out the prosecutions and ordered the DPP to pay their legal costs. The DPP successfully challenged the costs order in the High Court, but the Court of Appeal overturned that decision earlier in 2021. The Supreme Court has now dismissed the DPP's appeal, upholding the District Court's costs order in favour of the two men.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court21 Sep
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- An altercation between John Matthews and Gerard Gearty.
- Where
- Cloonart near Roosky, County Roscommon.
- When
- 28 April 2009.
- Charges
- Both men were prosecuted for assault by the gardaí acting for the DPP before the District Court in Leitrim.
- In court
- On the second day of the hearing before Judge Elizabeth McGrath, the DPP directed that both prosecutions be withdrawn.
- The District Court judge struck out both prosecutions and ordered that their costs be paid by the DPP.
- The DPP challenged the costs decision by way of High Court judicial review and successfully argued the District Court rules precluded a costs order against it.
- The Court of Appeal overturned the High Court decision in favour of Mr Matthews earlier in 2021.
- The Supreme Court dismissed the DPP's appeal, upholding the District Court's costs order in favour of the two men.
- Other details
- John Matthews was a wildlife ranger with the National Parks and Wildlife Service.
- Mr Matthews was represented by Peter Blande SC, with Yvonne McNamara Bl instructed by Mr Toolan.
12 statements extracted from the articles
- whatThe Supreme Court ruled that a lower court judge was entitled to order the DPP to pay the legal costs of two men whose assault prosecutions were discontinued mid-trial. (irishtimes.com)
- whatJohn Matthews was a wildlife ranger with the National Parks and Wildlife Service. (irishtimes.com)
- whereThe altercation occurred at Cloonart near Roosky, County Roscommon. (irishtimes.com)
- whenThe matter first came before the courts over 12 years ago. (irishtimes.com)
- whenThe altercation between the two men took place on 28 April 2009. (irishtimes.com)
- chargeBoth men were prosecuted for assault by the gardaí acting for the DPP before the District Court in Leitrim. (irishtimes.com)
- courtOn the second day of the hearing before Judge Elizabeth McGrath, the DPP directed that both prosecutions be withdrawn. (irishtimes.com)
- courtThe District Court judge struck out both prosecutions and ordered that their costs be paid by the DPP. (irishtimes.com)
- courtThe DPP challenged the costs decision by way of High Court judicial review and successfully argued the District Court rules precluded a costs order against it. (irishtimes.com)
- courtThe Court of Appeal overturned the High Court decision in favour of Mr Matthews earlier in the year. (irishtimes.com)
- courtThe court held that the exclusion of the DPP and gardaí from costs orders was outside the powers of the rules-making committee. (irishtimes.com)
- otherMr Matthews was represented by Peter Blande SC, with Yvonne McNamara Bl instructed by Mr Toolan. (irishtimes.com)
The reporting
newest first- 21 Sep2021Supreme Court rules men entitled to costs where prosecutions dropped mid-trial
Supreme Court ruling dismissing the DPP's appeal and upholding the District Court's costs order in favour of the two men.
accused, John Matthews, male, named, irish (judged from name)John Matthewsaccused, Gerard Gearty, male, named, irish (judged from name)Gerard Gearty