The Court of Appeal has awarded the Director of Public Prosecutions her costs against Frank Brassil, after dismissing his appeal against the refusal of a judicial review application concerning two road traffic convictions.
In a ruling delivered on 13 May 2021, Ms Justice Donnelly said the court had dismissed the appeal on 23 March 2021. The appeal concerned the High Court’s refusal to grant judicial review in respect of the convictions, which had been affirmed by the Circuit Court for the Eastern Circuit.
In the March judgment, the court had indicated its provisional view that the DPP, having been entirely successful in the appeal, was entitled to her costs. Brassil was given an opportunity to argue for a different order through written submissions.
His solicitor made three brief submissions. Two criticised the earlier judgment: one argued that the judges had offered a theory about what happened in the Circuit Court without having a transcript; the other said the judgment gave Gardaí “carte blanche” in how and when they acted in a custodial situation. The final submission was that Brassil considered his case meritorious and that costs should not be ordered against him.
The DPP sought her costs of the appeal. Justice Donnelly referred to the rule that costs generally follow the outcome, and to section 169 of the Legal Services Regulation Act 2015. She said a party’s continued view that their case was meritorious did not support departing from that rule. The court could consider the nature and circumstances of a case and the parties’ conduct, but she found nothing in either the DPP’s conduct or the circumstances of this case to justify a departure.
The court therefore ordered that the successful respondent receive her costs against the unsuccessful appellant. Justices Edwards and McCarthy agreed with the ruling and proposed order. The ruling addresses the costs of the appeal; it does not set out the underlying reasons for the March decision on the judicial review appeal.