Courts / Limerick / Report
Dangerous driver's right to privacy over medical report defeated by overriding public interest, court finds
Summary
In a 2016 Court of Appeal decision, the appeal of Michael Harty, aged 31, was dismissed. Harty had been convicted of dangerous driving that caused the deaths of Maurice Hartnett (61) and Margaret Hartnett (59) in 2009 and received a five‑year sentence and a 30‑year driving ban. The appeal concerned whether Harty's consent was required for the Gardaí to obtain a toxicology report from Limerick University Hospital. The court held that the public interest in prosecuting a suspected serious crime outweighed Harty's right to privacy. It found that the Gardaí's request for the blood‑alcohol report was proportionate and that Harty's consent was not necessary. The appeal was therefore dismissed by Justice Garrett Sheehan, sitting with Justices George Birmingham and John Edwards. The decision reaffirmed that the need for evidence in serious criminal cases can override an individual's privacy rights. Michael Harty pleaded not guilty.
Who, what, where, when and why
What: Report matter: Dangerous driver's right to privacy over medical report defeated by overriding public interest, court finds. Charges or matters: dangerous driving causing the deaths of Maurice Hartnett (61) and his wife Margaret (59) at Ardtomin, Askeaton on the evening of July 29, 2009. Procedural stage: appeal
When:
- July 29, 2009 Hearing Or Sentence
- January 25 2013 Hearing Or Sentence
- 2016-05-10 Publication
Why: Mr Justice Sheehan said Harty was entitled to expect that his medical records would in general be kept private because of the hospital/patient relationship. CNI source report
Case subjects
Appellant
Charges: dangerous driving causing the deaths of Maurice Hartnett (61) and his wife Margaret (59) at Ardtomin, Askeaton on the evening of July 29, 2009 (Alleged Or Contested)
Plea: Not guilty
Outcome: Having been found guilty by a jury, Harty was given a five-year sentence and banned from driving for 30 years by Mr Justice Carroll Moran on January 25 2013.
Places mentioned
- Court of Appeal
- Limerick
- Limerick Circuit Criminal Court
- Limerick University Hospital
Topics
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