The Supreme Court has ruled that Kerry solicitor Patrick Enright may obtain a limited category of documents from the Law Society of Ireland for use in judicial review proceedings connected with criminal charges brought against him.
Mr Enright, who returned to private practice in 1994 after working in a commercial enterprise in Castleisland, alleged that Gardaí had improperly threatened to involve the Law Society unless he cooperated with an investigation. The Society began an investigation into his practice shortly afterwards and later imposed a £1,000 fine.
In August 1996, Mr Enright was charged with ten offences involving allegations of fraudulent misconduct. He pleaded not guilty. He later obtained leave to seek judicial review of aspects of the criminal proceedings, including an order prohibiting the prosecution from continuing.
As part of that case, Mr Enright sought discovery from the Law Society, which was not itself a party to the judicial review proceedings. He sought material concerning both the Society’s investigation and any information passed to it by the DPP, Gardaí or their agents.
Mr Justice Francis D Murphy held that documents generated by the Society’s own investigation were not relevant to the issues between Mr Enright and the respondents. However, the court found a narrower category could be relevant because part of Mr Enright’s case alleged that the DPP, Gardaí or their agents had wrongfully supplied information which triggered the Society’s investigation.
The Supreme Court therefore allowed the appeal only to that limited extent. Discovery was confined to documents in the Society’s possession received from the DPP, his servants or agents, or members of An Garda Síochána between 21 and 27 October 1994.
The order was also conditional. Mr Enright was required to undertake to discontinue separate High Court proceedings he had brought against the Law Society seeking access to similar material. The Society retained the right to claim privilege over individual documents, with any dispute on privilege to be decided by the High Court.