The High Court awarded Ion Ilie 75% of his legal costs arising from a partial inquiry into his detention, but made no costs award to Adrian Maracine, who breached bail by missing his Circuit Court appeal hearing.
Mr Justice Twomey’s judgment, delivered on 27 June 2016, concerned two linked applications under Article 40 of the Constitution. Both men had bail pending appeals against District Court sentences. The Gardaí had not approved the address they proposed to use while on bail: 1 Bridgewater Mews, Dundalk, County Louth.
An inquiry was ordered on 23 May and began on 25 May. After a witness gave evidence for the applicants, the hearing was adjourned because the relevant Garda member was unavailable. The respondent indicated it would consent to the men’s release on bail pending the inquiry. The court released both on condition they live at the Dundalk address and attend their Circuit Court appeal hearing on 9 June.
Mr Ilie attended that hearing. Mr Maracine did not, breaching his bail conditions. The Article 40 inquiry had ended without the respondent presenting its case, but the respondent later sought to resume it. The State argued that the address’s suitability remained in issue and that the applicants could have pursued their bail complaints through other courts at lower cost. The judge did not decide those arguments because they were unnecessary to the costs application.
By 26 May, both applicants were at liberty, and the judge considered completing the inquiry academic apart from its possible effect on costs. The court declined to use further resources and incur legal costs where the State’s success was uncertain. The parties then left only the costs of the partial inquiry to be resolved.
In setting costs, the judge noted that the Article 40 applications had achieved their purpose: the same address was approved for bail in the High Court after the Gardaí had not approved it. He also considered the State’s argument about less costly routes, the substantial overlap between the two applications, and Mr Maracine’s breach of bail and absence from the costs hearing. The court ordered 75% of the legal costs of Mr Ilie’s application and no costs for Mr Maracine. The judgment did not determine the merits of the unfinished inquiry or the State’s arguments about the address and alternative procedures.