Judgment: 2005-11-09 · Court archive

High Court declines review of Mayo drink-driving conviction

The court found insufficient evidence that the prosecution knowingly relied on inaccurate testimony or that the conviction was obtained through perjury or concealment.

High Court · [2005] IEHC 472

Who, what, where, when and why

Who
  • Michael Gordon (Applicant)
  • Pauline Murray
  • Maura Irwin
  • Padraig Prendergast
  • Kevin Moynihan
What

The court found insufficient evidence that the prosecution knowingly relied on inaccurate testimony or that the conviction was obtained through perjury or concealment.

Where

Places mentioned in the report

  • Ballina Garda Station
  • Easkey
  • Ballina
When

Judgment:

Why

Reasons reported in the judgment

The High Court declined Michael Gordon’s application for judicial review of his District Court conviction, finding that he had not shown the prosecution knowingly or recklessly permitted false evidence, or that the conviction was obtained through perjury or concealment.

The High Court declined Michael Gordon’s application for judicial review of his District Court conviction, finding that he had not shown the prosecution knowingly or recklessly permitted false evidence, or that the conviction was obtained through perjury or concealment.

Gordon was convicted at Easkey District Court on 18 September 2001 of driving with alcohol in his urine above the statutory limit. He was fined €150 and disqualified from driving for two years. His judicial review application sought to quash the District Court order and prevent further prosecution.

The dispute concerned Garda Pauline Murray’s account of how Gordon provided a urine sample at Ballina Garda Station. She initially said the sample was given in a toilet in the doctor’s room, with Dr Maura Irwin present. During cross-examination, she accepted that she was mistaken. The judgment records that Gordon had in fact been taken to a toilet elsewhere in the station by Garda Padraig Prendergast, who then brought the sample to Dr Irwin.

Gordon’s solicitor sought a direction to acquit, arguing that the discrepancy broke the chain of evidence. The District Judge refused. No adjournment was sought to obtain further information or arrange for Prendergast to attend, and Gordon did not give evidence. The High Court noted that the discrepancy had been raised in cross-examination and submissions before the District Judge ruled.

Gordon argued that the prosecuting Inspector, Kevin Moynihan, knew the station layout and failed to correct Murray’s evidence. Moynihan denied knowing that her account was inaccurate at the time. The High Court found no satisfactory evidence that he knew, or even ought to have known, that the evidence was wrong; it also found that the issue had been clarified before the District Judge ruled and that no misunderstanding by that judge had been shown.

The court distinguished the case from authorities involving established perjury, deliberate withholding of evidence or failure to disclose relevant witnesses. It said the evidence did not establish prosecution misconduct amounting to perjury or concealment, or show that the conviction was obtained on that basis. The court therefore declined judicial review on the substantive grounds. It did not decide whether the availability of an appeal was an independent reason to refuse the application.

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