The Supreme Court will hear an appeal by 28‑year‑old Gary Davis of Wicklow, who is alleged to have been an administrator of the Silk Road website, against an order for his extradition to the United States. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. The High Court ordered his extradition in August, and the Court of Appeal dismissed his appeal in September. Davis now seeks to have the Supreme Court consider his extradition, arguing that he suffers from Asperger's Syndrome and that extradition would breach his constitutional rights and the European Convention on Human Rights. The Supreme Court, satisfied that the case raises points of law of general public importance, has agreed to hear the appeal.
In 2016 the Supreme Court upheld an appeal by Tipperary Raceway, a motor‑racing track owner, against a High Court injunction that had been granted to Tullamaine Castle Stud. The injunction, issued in 2008, restricted the track's operating times, citing noise that the stud claimed harmed its equine business and constituted a breach of the 2000 Planning and Development Act. The High Court judge, Mr Justice Peter Charleton, found that the track's increased use and noise amounted to a nuisance and that the track had exceeded the hours permitted by its 1981 planning permission. Tipperary Raceway argued that the breach was not subject to the seven‑year limitation period of the Act. The Supreme Court agreed that an injunction might be justified but remitted the case back to the High Court for a fresh hearing, noting that the practice of "drifting" at the track should be restrained until the High Court decided the appropriate form of injunction.
Patrick Kinsella of Callohill, Newtown, Co Wicklow, who had not been represented, claimed that RTE and media personality Fiona Looney stole his original idea for the reality show 'Celebrity Bainisteoir'. He had submitted a concept titled Top Coach/Top Team to RTE in August 2007. In 2011 the High Court, presided over by Mr Justice George Birmingham, dismissed Kinsella's claim, finding that the idea was solely that of Ms Looney, who had first submitted it to RTE in 2004. The judge concluded that the evidence presented at the hearing showed no merit in Kinsella's allegations and ordered him to pay the legal costs of the seven‑day hearing. Kinsella appealed to the Supreme Court, arguing that the High Court decision should be set aside. The Supreme Court, comprising Chief Justice Susan Denham, Mr Justice William McKechnie and Mr Justice John MacMenamin, dismissed the appeal, affirming the High Court's ruling and awarding costs to Ms Looney and RTE.
The Supreme Court will hear an appeal against the High Court's dismissal of a challenge to An Bord Pleanala's decision to grant planning permission for a windfarm on Keeper Hill in the Silvermines Mountains, Co. Tipperary. The appeal was brought by Edel Grace of Grouse Hall Milestone, Thurles, and environmental consultant Peter Sweetman of Bunahowen, Cashel. They argue the case raises issues of public importance and that the planning decision breaches EU Habitats and Environment Impact Assessment Directives, potentially destroying nearly 400 acres of hen‑harrier habitat and the protected view of Keeper Hill. The windfarm proposal includes 16 turbines, access tracks, a transformer station, control buildings and a substation, and has been granted a ten‑year permission to ESB Wind Development and Coillte.
The Supreme Court has reserved judgement on a challenge by former Senator Dan Kiely, who contested the 2014 Kerry County Council election as an independent and lost the last seat by two votes. Kiely argues that ballots marked with a 3‑4‑5 sequence, without a number 1 preference, should not be considered valid. He claims that the returning officer in the Listowel area was entitled to accept such ballots, citing a Memorandum of Guidance that allows acceptance of ballots with a clear sequence of preferences when multiple elections occur on the same day. Kiely's petition was dismissed by the Circuit Court, a decision he appealed. The Supreme Court, hearing the case before five judges, noted that the issue could affect election outcomes and has reserved its decision. The case involves the validity of ballots marked 3‑4‑5 and the right of voters to see spoiled ballots before recounts. The court's ruling remains pending.
In 2015 the Supreme Court dismissed appeals by jockey Eddie O'Connell and trainer Jim Lambe, who had challenged a High Court finding that they were not entitled to contest the Turf Club's authority to enforce racing rules. The Court also rejected the Turf Club's cross‑appeal that it was not subject to judicial review. The dispute stemmed from the Turf Club's investigation into alleged irregular betting on the horse Yachvili in a 2011 Downpatrick race. O'Connell was found to have breached racing rules, while Lambe was acquitted. The appellants sought declarations that the Turf Club's rules and the 1994 Act were unconstitutional, but the Court held the Act merely supported the Club's pre‑existing jurisdiction. The Supreme Court's unanimous decision affirmed the Turf Club's legal power to make and enforce rules, and dismissed all claims on their merits. The ruling confirmed that the Club's decisions are subject to judicial review under the 1994 Act.
The Supreme Court upheld a High Court decision to extradite Trust Egharevba, an Irish‑citizen originally from Nigeria, to France on charges of human trafficking and money laundering. Egharevba, who lives in Castlecurragh Park, Dublin 15, denies any criminal involvement. The appeal questioned whether the alleged transnational offences fell outside the 2003 European Arrest Warrant Act and whether the laundering allegations could be prosecuted in Ireland. The Court found that money collected from prostitution and trafficking of Nigerian women was gathered in France, transferred to an Irish bank account, and then sent to Nigeria, satisfying the requirement that the offence occurred in the issuing state. The Supreme Court affirmed the High Court's ruling, dismissing the appeal and confirming the extradition under the European Arrest Warrant issued by Lyon authorities.
In 2015 the Supreme Court overturned a 2010 High Court ruling that Dublin Bus had breached a statutory duty under the 1993 Health Safety at Work Regulations to provide safe equipment to its drivers. Vincent Thompson, 54, had sued Dublin Bus and South Dublin County Council after a pneumatic suspension failure on a speed ramp on 27 September 2005 caused neck and lower‑back injuries. The High Court had found that the regulations imposed an absolute duty on employers to ensure equipment was suitable and safe, and awarded Thompson €75,911 in damages. Dublin Bus appealed, and the Supreme Court, in a unanimous judgment by Ms Justice Elizabeth Dunne, held that no breach of statutory duty had occurred. The court said Dublin Bus had taken the necessary measures to minimise risk, and that the regulations do not impose absolute liability on employers. The case will be revisited later in the year to address remaining matters.