Judgment: 2008-03-06 · Court archive

High Court rejects Tracey’s challenge to careless driving conviction

The court refused judicial review relief, finding the District Judge acted within his discretion and that the conviction was supported by evidence.

High Court · [2008] IEHC 60

Who, what, where, when and why

Who
  • Kevin Tracey (Applicant)
  • Brian McGovern (Judge)
  • Olive Boyle
  • Brigid O’Dowda
What

The court refused judicial review relief, finding the District Judge acted within his discretion and that the conviction was supported by evidence.

Where

Places mentioned in the report

  • United Kingdom
When

Judgment:

Why

Reasons reported in the judgment

The High Court has refused Kevin Tracey’s application for judicial review of a District Court decision convicting him of careless driving, finding that the District Judge acted within his discretion and that sufficient evidence supported the conviction.

The High Court has refused Kevin Tracey’s application for judicial review of a District Court decision convicting him of careless driving, finding that the District Judge acted within his discretion and that sufficient evidence supported the conviction.

In a judgment delivered on 6 March 2008, Mr Justice Brian McGovern rejected Tracey’s challenges to the handling of the District Court hearing on 28 November 2006. The court had granted leave to seek judicial review in February 2007. The application sought, among other relief, to quash the conviction.

Tracey argued that the District Judge should have adjourned the hearing or stayed the prosecution while related High Court proceedings were pending. The judgment says the existing stay concerned committal proceedings linked to a contempt conviction, not the Road Traffic Act prosecution. Tracey had also sought a stay of that prosecution on the morning of the hearing and was refused. The District Judge proceeded, noting that a witness had travelled from the United Kingdom. The High Court found that decision was within the District Judge’s discretion.

The court also rejected Tracey’s arguments that the prosecution was outside the six-month time limit, that the case relied on hearsay or lacked evidence, and that he had been denied a fair hearing. It held that the summons application was made within six months of the alleged offence. The judgment said the complainant, Ms Brigid O’Dowda, gave direct evidence about the incident, while Ms Olive Boyle gave evidence about what she observed and the complaint made to her. The court concluded there was sufficient evidence for the District Judge’s finding.

The judgment records that Tracey was offered the opportunity to cross-examine witnesses and to give evidence or call evidence, and declined to give evidence himself. It also says he could have appealed the District Court rulings but did not lodge an appeal.

The High Court rejected the remaining claims, including that the District Judge had prevented submissions or failed to give reasons. The judgment criticised the way the judicial review and a related case had been pursued, describing them as a waste of court time and an abuse of process. The ruling addressed the judicial review application; it did not determine the related challenge to the contempt conviction in this judgment.

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