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Court clears way for Dublin man to sue State for malicious prosecution
Summary
In a 2015 High Court decision, Mr Justice Paul Gilligan allowed Dublin resident James Walsh to pursue a civil claim against the State for malicious prosecution. Walsh, who was acquitted in 2007 of charges that he had threatened journalist Paul Williams, argues that the prosecution was based on false allegations known to be untrue. He has sued the Garda Commissioner and the Attorney General for punitive and exemplary damages. The State and the Garda Commissioner sought to dismiss the claim on grounds of inordinate delay and lack of progress, citing Walsh's late filing of the claim in 2009 and his failure to attend court. The judge rejected the dismissal, noting that no prejudice had been shown and that the delay did not justify striking out the case. He ordered the matter to proceed to hearing as soon as possible, emphasizing fairness to both parties. The case remains pending before a judge and jury.
Who, what, where, when and why
What: Report matter: Court clears way for Dublin man to sue State for malicious prosecution. Charges or matters: threatening to kill; threatening to cause serious harm. Procedural stage: trial
When:
- October 2009 Hearing Or Sentence
- July 2010 Hearing Or Sentence
- 2015-04-17 Publication
Why: These reasons, were not accepted by the defendants as a reason for the delay. CNI source report
Case subjects
Applicant
Charges: threatening to kill; threatening to cause serious harm (Alleged Or Contested)
Places mentioned
- Aodhan O'Faolain The High Court
- High Court
Topics
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