The High Court has refused an application by the Garda Commissioner to transfer a case brought by John Matthew Berry to the Circuit Court, ruling that the proceedings should remain in the High Court.
The application concerned a photograph of Berry placed on a Garda station bulletin board headed “Active Criminals”, which identified him by name and address. The judgment says Noel Shannon, a tradesperson working unsupervised in the office, photographed the board and circulated the images on social media and WhatsApp. Berry says he was never involved in crime and claims viewers would have understood the images to mean that he was.
Berry’s 2019 proceedings seek damages for defamation, alleged breaches of constitutional and Convention rights, alleged breaches of data protection law and negligence. He does not claim personal injury damages, although he says the publication affected his mental health, confidence, everyday life, recreation and work.
The Commissioner denies wrongdoing and disputes Berry’s account that he was not involved in crime, while admitting he has no previous convictions. The Commissioner argued that the claim, taken at its highest, would fall within the Circuit Court’s damages jurisdiction. It also argued that Berry had claimed personal injury damages and had not obtained a Personal Injuries Assessment Board authorisation.
Justice Marguerite Bolger rejected the personal-injury argument, finding that Berry had not made a claim for such damages. She said the effects he described on his health and well-being did not amount to such a claim. She also said the other causes of action could not be combined with the defamation claim to remove the right to a jury trial in the defamation proceedings.
The judge noted that how the different claims should be managed before trial might need to be resolved later. She also referred to the claim against Shannon arising from his publication of the photograph, for which he has been convicted of a criminal offence. The judgment does not specify the offence or sentence.
Having considered the potential value of the claim and the Supreme Court’s decision in *Higgins v Irish Aviation Authority*, Justice Bolger found that bringing the case in the High Court was reasonable and proper. She refused the transfer application, leaving the entire case in the High Court. The ruling did not determine the underlying claims or damages.
The judge’s indicative view was that Berry was entitled to his costs of the application. She listed the matter for mention on 18 December 2023 for further submissions on costs and any other orders. The judgment does not record a final costs order.