The Supreme Court has ruled that a plaintiff identified in its judgment as “Desmond” may remain anonymous in reports of proceedings over his 2010 arrest in the West of Ireland. It also held that a jury should decide factual questions relevant to whether the arrest was valid, while legal questions about any wider claims remain for a judge.
The appeal concerned two earlier High Court rulings: one on whether the case could be heard by a jury and another refusing anonymity. The Supreme Court allowed the plaintiff’s appeal on both issues. It did not decide whether the arrest was lawful or whether the State was liable.
The parties agree that gardaí arrested Desmond on 24 September 2010, ostensibly under section 12 of the Mental Health Act 2001. The plaintiff alleges the arrest and detention were unlawful and says he suffered physical and psychological injury. The State’s defence disputes his account. It claims gardaí had received a report that he had chased two women with a stick, and that officers found him swinging a stick. The State says they considered the statutory power applied because they believed there was a serious likelihood he could cause immediate and serious harm to himself or others. Those accounts have not been resolved at trial.
The Supreme Court said the central factual issue was whether the statutory basis for the arrest existed, assessed in light of the reports to gardaí and their observations. It said the trial judge should frame questions for a jury on the disputed facts. If the jury’s answers establish a lawful basis for arrest, damages would not be assessed; if not, the jury could proceed to assess damages. The judgment did not prescribe the questions or determine the evidence.
The court also held that a statutory exception preserves jury trial for claims centred on false imprisonment or intentional trespass to the person, including certain related claims arising from the same act or omission. But there is no statutory right to jury trial for the alleged constitutional torts. Whether such torts exist, and other legal issues including any claims under the European Convention on Human Rights, are for the trial judge.
On anonymity, the court applied section 27 of the Civil Law (Miscellaneous Proceedings) Act 2008. It found that Desmond has autism, that identifying him as a person with the condition would likely cause undue stress, and that anonymity would not prejudice the interests of justice. The order requires that he not be identified in media reports of the trial, preliminary steps or court decisions. The judgment permits use of the assumed name “Desmond” and says the incident may be located only in the West of Ireland. The hearing was not ordered to be held in private.