The High Court has directed discovery of documents in a damages action brought by Thomas Browne over a Garda search of his farm, while deferring a final order on disputed categories pending any further submissions or application by the parties.
Browne alleges that on 14 December 2015, while inspecting a fuse board in a shed on his farm, he was attacked by armed men who turned out to be gardaí. The defendants plead that gardaí identified themselves, held a search warrant and used no more force than was reasonably necessary after Browne failed to obey lawful instructions. They also plead that they had reasonable grounds to suspect evidence relating to possession of a firearm was on the premises and followed standard procedures for a search assessed as involving risk.
In a judgment delivered on 10 November 2023, Mr Justice Brian O’Moore considered Browne’s motion seeking discovery in 21 categories. The defendants had agreed to provide documents in 10 categories, subject to redaction of personal details concerning third parties not involved in the proceedings. The judge directed discovery in those categories and said Browne’s solicitors could challenge redactions, which the defendants would have to justify.
The court also directed discovery in three categories concerning documents produced in contemplation of litigation. The defendants may claim privilege over documents, but must list those documents in their discovery affidavit.
O’Moore declined to order discovery in two categories concerning the issuing of the search warrant. He accepted the defendants’ submission that the warrant’s validity was not in issue and that Browne was not seeking to challenge the District Court’s decision to grant it. Browne’s counsel had sought information about the risk gardaí anticipated, which might shed light on the force used. The judge said a narrower discovery category could cover relevant material on that subject.
For three other categories, including a broad request for all Garda records relating to the incident, the judge proposed a replacement category covering the grounds for suspecting firearm evidence was on the premises, the assessed risk of searching it, and what happened during the search on 14 December 2015. He said he had not heard submissions on that new wording and would fix a date for brief oral submissions if requested.
The judge proposed a confidentiality club under which discovered documents would be available only to a named solicitor and counsel for Browne, with later applications possible to widen or end the arrangement. No final order was made at this stage. The parties had liberty to apply; if no application was notified to the Chancery Registrar by 30 November 2023, the judge said he would proceed on the basis that discovery would be ordered in the terms set out in the judgment, with outstanding matters including costs and the timeframe for discovery left to be addressed.