The High Court has rejected Craig Lee’s challenge to road traffic proceedings brought after his arrest at Shannon Airport, despite the fact that summonses for the same alleged offences had already been issued.
Lee faced allegations arising from an incident at Waterrock, Midleton, Co Cork, on 23 September 2014, including dangerous driving, failing to stop after an injury, failing to remain at the scene and failing to report the incident to Gardaí.
Summonses were issued in February 2015 for a June hearing in Midleton District Court. However, on 8 June 2015, Lee arrived at Shannon Airport intending to travel with his girlfriend to San Francisco. US immigration authorities refused him clearance to travel. Gardaí then arrested him and brought him to Cork District Court, where he was charged by charge sheet with the same alleged offences.
Lee argued that Cork District Court had no jurisdiction because he had been arrested in the Ennis District Court area, while the alleged offences and his residence connected the case to Midleton. He also argued that creating charge-sheet proceedings when summons proceedings already existed amounted to an abuse of process and exposed him to being tried twice.
Ms Justice Faherty rejected both arguments.
The court found that Midleton District Court was unavailable that day and that District Judge Leo Malone was entitled under section 79 of the Courts of Justice Act 1924, as amended, to exercise jurisdiction temporarily and then transfer the matter back to Midleton. Gardaí were not obliged to bring Lee specifically before the Ennis court merely because he had been arrested at Shannon.
On the duplicate proceedings issue, the High Court accepted Garda evidence that only one set of charges would ultimately proceed. The summons complaints had also not yet been formally made before a District Judge.
The court said any remaining issues about Lee’s arrest, charging or treatment were matters for the criminal trial or an appeal rather than exceptional grounds for judicial review.
All relief was refused.