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Father and son appeal ruling that prosecution for alleged breach of Covid travel restrictions can go ahead

Summary

In a High Court case, Nicolae and Florin Mazarache, residents of Lealand Meadows, Clondalkin, appealed a ruling that allowed their prosecution for allegedly breaching Covid‑19 travel restrictions by travelling to Dublin Airport on 17 April 2021. The pair were stopped by a Garda and issued fixed‑payment notices under the Health Act, 1947, which offered a €2,000 fine to avoid prosecution or risk prosecution if unpaid. The notices failed to specify the exact regulation breached, a point the High Court found violated statutory requirements. The Mazaraches chose not to pay the fines and instead sought judicial review, which was dismissed by Ms Justice Nuala Jackson on 17 January 2023. They now appeal to the Court of Appeal, arguing that the District Court lacks jurisdiction to prosecute because the notices were unlawful. Counsel for the State countered that the error does not remove the District Court's authority. The Court of Appeal will reserve judgment.

Who, what, where, when and why

What: Report matter: Father and son appeal ruling that prosecution for alleged breach of Covid travel restrictions can go ahead. Procedural stage: appeal

When:

• April 17, 2021 Incident
• January 17, 2023 Hearing Or Sentence
• 2025-05-01 Publication

Places mentioned

Topics

Stage Appeal

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Read the original CNI report