The Supreme Court dismissed John M. Searson’s motion to reinstate an appeal that had been struck out after he said he would not file the required books of appeal. It also said it had no jurisdiction to refer the matters he raised to the Court of Justice of the European Union, and found no basis to send the case files to An Garda Síochána and the Director of Public Prosecutions over his conspiracy allegation.
Searson’s appeal arose from a High Court decision on 24 February 2006 striking out his proceedings against Ireland as frivolous and vexatious. He appealed in March 2006. In 2014, Ireland sought to have the appeal dismissed for want of prosecution because the books of appeal had not been lodged. The Supreme Court gave Searson six weeks to file them. At the next hearing, on 16 May 2014, he told the Court he did not intend to do so. The appeal was struck out, with costs against him to be taxed and ascertained.
In the motion decided in 2016, Searson sought reinstatement, EU referrals concerning four cases, and delivery of the case files to Gardaí and the DPP so they could arrest people he accused of taking part in a conspiracy. He also asked during the hearing for the matter to be sent back to the High Court to determine the facts.
The Court said there was no appeal before it because Searson had not filed the books of appeal, so it had no jurisdiction to consider a referral to the EU court. It said no ground had been advanced to reinstate the appeal and found no basis to remit the matter to the High Court. On the request to send the files to law enforcement, the Court said the 2006 High Court decision contained no evidence of a conspiracy and described that ground as vexatious.
The Court dismissed the motion. The judgment said the costs of the application would be addressed after delivery of judgment and after hearing submissions from the parties.