Judgment: 2025-08-26 · Court archive

High Court refuses bid to halt prosecutions after Garda cordon incident at George’s Dock

High Court · [2025] IEHC 476

Who, what, where, when and why

Who
  • Cillian Harford (Applicant)
What

High Court refuses bid to halt prosecutions after Garda cordon incident at George’s Dock

Where

Places mentioned in the report

  • George’s Dock
  • Luas Line bridge opposite George’s Dock
  • Store Street Garda Station
  • High Court
  • District Court
When

Judgment:

Why

Reasons reported in the judgment

Ms Justice Emily Egan held that judicial review was not the appropriate procedure. Prohibition of criminal proceedings is an exceptional remedy, generally reserved for cases where there is a real and unavoidable risk of an unfair trial.

The High Court has refused Cillian Harford permission to pursue judicial review proceedings seeking to halt two prosecutions arising from an incident beside a Garda cordon near George’s Dock in Dublin city centre.

Harford told the court that he had been watching a large fire on the Luas Line bridge opposite George’s Dock on 19 or 20 August 2025. As the Garda cordon expanded, he said his bicycle was left inside it and he entered the restricted area to retrieve it.

According to Harford, a Garda told him he should not be inside the cordon and took his details but did not formally direct him to leave. Harford said he later remained outside the cordon and picked up a piece of crime-scene tape from the ground as a souvenir.

Shortly after midnight, he said another Garda approached him and asserted that he was within the cordon. Harford disputed that account. He was subsequently arrested and searched. He told the High Court that he spent about three hours at Store Street Garda Station before being released on bail.

Harford was charged with an offence under the Public Order Act 1994 and a separate offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 concerning the tape. He sought declarations that his arrest was unlawful, prohibition of the prosecutions, compensation and orders concerning evidence such as CCTV and bodycam footage.

Ms Justice Emily Egan held that judicial review was not the appropriate procedure. Prohibition of criminal proceedings is an exceptional remedy, generally reserved for cases where there is a real and unavoidable risk of an unfair trial.

The judge said the dispute over whether a Garda direction was given requires oral evidence and factual findings which can be made in the District Court. Any allegation of wrongful arrest or false imprisonment can instead be pursued through a separate civil damages action.

The application for leave to seek judicial review was therefore refused.

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