The High Court withdrew Oliver Natale’s case from the jury after ruling that there was no evidential foundation on which jurors could decide his claims against the Garda Commissioner and the Minister for Justice and Equality.
Ms Justice Reynolds delivered the ruling on 17 November 2021, at the conclusion of the evidence in the proceedings. The defendants had asked the court to withdraw the case, arguing that there was no case in law to support the claims.
Natale’s case concerned the Garda investigation into drugs seized at his rented accommodation on 26 May 2015. He alleged that gardaí acted maliciously. The issues identified at this stage included the validity of a search warrant, the lawfulness of his arrest and detention, alleged attempted malicious prosecution, and whether the defendants were negligent or breached a duty by failing to apprehend and prosecute the perpetrator of a crime against him.
On the warrant, the judge said evidence showed it was based on confidential information from a previously reliable source and that there was no evidence contradicting Detective Garda Bambrick’s suspicion. Drugs were later found during a second search, after further information from the informant. Although the copy of the sworn information given to the jury was unsigned and undated, the court heard that the original was retained by the District Court office. The judge said the evidence could not support a conclusion other than that the warrant had been lawfully sought and obtained.
Natale accepted that he was told the reason and grounds for his arrest. He also conceded that his rights had been observed in custody and that he had been treated fairly, making the detention issue moot. The judge found no evidence supporting his suspicions that gardaí conspired with his landlord or acted improperly. She said there had been no prosecution: Detective Garda Bambrick and his superiors recommended no prosecution, and the DPP’s office later advised Natale that he would not be prosecuted.
The judge also ruled there was no legal basis for the negligence claim, finding no relationship between the defendants and Natale as a crime victim that could give rise to a duty of care.
The order was to withdraw the case from the jury. The ruling did not record a jury verdict; it concluded that no issue in the claims had an evidential foundation to go before jurors.