The High Court refused Denis Flanagan leave to seek judicial review of a Garda Síochána Ombudsman Commission (GSOC) decision declaring his complaint inadmissible. Mr Justice Richard Humphreys ruled on 18 March 2016 that the application was late and that the proposed challenge was not arguable.
Flanagan’s complaint arose from a traffic accident involving a Dublin Bus vehicle on 10 May 1991 and the litigation that followed. The court said his negligence action was dismissed by the High Court in 2009. Flanagan later alleged that perjury had occurred during that case.
He told the court that he reported the allegation at Bridewell Garda Station in Dublin in May 2015, but Gardaí declined to investigate on the basis that it was a civil matter. He complained to GSOC on 11 May 2015. The commission declared the complaint inadmissible in a letter dated 5 June 2015, which was the main subject of his application.
Flanagan also sought an order requiring the Government to conduct an inquiry and an order setting aside the earlier decision dismissing his negligence action. The judge said there were no arguable grounds for requiring an inquiry in this case, and that the earlier judgment could not be challenged by judicial review.
The application was filed on 29 February 2016, more than three months after the GSOC decision. Flanagan sought an extension, citing his age, disability, lack of legal advice and training, the claimed seriousness of the matters, and an attempt to lodge an application in August 2015 that he said was incomplete. The judge held that these reasons did not establish grounds for extending time. He said Flanagan had not explained why he could not resolve the filing difficulty promptly or what the procedural hurdle was.
Separately, the judge found the proposed allegation against Gardaí was not arguable on the material presented. He described it as an allegation by the losing party, based on his own assertion and concerning proceedings decided six years earlier.
The court refused leave to apply for judicial review. It also refused Flanagan’s pre-emptive requests for costs and for the digital audio recording of the hearing, noting that he did not need the recording to take legally available steps. The judge said he was providing a written decision to assist him.