The High Court directed that Kevin Tracey’s plenary case be listed for jury action call-over on 20 June 2019, despite his objection and continuing concerns about discovery. The ruling, dated 19 June 2019, did not decide the underlying claim or order a jury trial to begin that day.
Tracey’s 2007 proceedings arise from events on 28 May 2001. The ruling said the Supreme Court had set aside an earlier order striking out the proceedings, and returned them to the High Court for case management. The court’s immediate task was to transfer the case to the jury list.
The court had ordered discovery on 8 June 2018. Affidavits filed for the State defendants and the Courts Service described documents that were produced, objections to producing other material, and records said not to be held or never to have existed. The Courts Service affidavit identified 11 documents provided, while objections covered, among other items, telephone records and specified videotape footage.
The judge said Tracey had been invited to arrange to inspect the discovered material with the relevant solicitors but had not done so. The ruling also recounted repeated directions for him to set out specific concerns about discovery and arrange an inspection. The judge found that his complaints remained insufficiently specific and that he had not complied with the direction to arrange an inspection.
Tracey alleged dishonesty and misconduct by the Courts Service and raised concerns about CCTV material and the authenticity of documents. Those were his allegations, not findings made in this ruling. He also sought the judge’s recusal; the court had directed him to bring that request by notice of motion, and the ruling records no decision on a properly filed recusal motion.
The judge said the case would not be put back for further time and ordered it onto the 20 June jury action call-over list. The ruling stated that the court intended to deal with the remaining matters promptly so they could be sent for jury trial. It made no determination of liability, damages or the underlying allegations.