Courts / Dublin / Report
Man loses latest challenge to DPP's power over water meter cases
Summary
A Dublin man, Stephen Bennett, lost his latest legal challenge against the Director of Public Prosecutions' (DPP) authority to prosecute offences related to obstructing the installation of water meters. Bennett's lawyers argued that only Irish Water, the water services authority, could prosecute under the Water Services Act 2007, citing the act's language and the legal maxim "expression unius exclusion alterius" to support their claim. They suggested that if the DPP were the intended prosecutor, the section would not have been enacted as it was. The High Court had previously rejected Bennett's challenge, finding no ambiguity in the act. The Court of Appeal, led by Justice George Birmingham, upheld that decision, stating there was no hint that the DPP's normal jurisdiction was ousted and affirming the DPP's entitlement to commence summary proceedings. Bennett's lawyers were absent at the hearing, and no cost issue arose as he was legally aided.
Who, what, where, when and why
What: Report matter: Man loses latest challenge to DPP's power over water meter cases. Procedural stage: appeal
When:
- 2018-07-09 Publication
Case subjects
Applicant
Places mentioned
- The High Court
- High Court
- Court of Appeal
Topics
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