The High Court has refused Patrick O’Malley permission to challenge a Circuit Court decision affirming his conviction for assaulting the mother of his estranged wife.
O’Malley was convicted in the District Court on July 7, 2021 of an assault contrary to section 2 of the Non-Fatal Offences against the Person Act arising from an incident on April 5, 2020. A fine was imposed and he appealed.
The Circuit Court appeal was subsequently adjourned six times during 2023. When it eventually came on for hearing on March 22, 2024, O’Malley sought another adjournment because of separate civil proceedings involving himself, his wife and her mother which were before the High Court.
Ms Justice Marguerite Bolger said the transcript showed that the Circuit Court judge repeatedly asked O’Malley to explain why those civil proceedings prevented the criminal appeal from proceeding. His answers were described by the High Court as vague and at times irrelevant.
O’Malley also alleged that transcripts connected with other proceedings had been falsified and argued that continuing with the criminal appeal could prejudice his High Court cases. The Circuit Court judge found no basis to adjourn and invited O’Malley to identify any relevant inaccuracies in transcripts. O’Malley declined and left the courtroom.
The Circuit Court then heard evidence in his absence and affirmed the District Court conviction.
In seeking judicial review, O’Malley alleged that he had been denied fair procedures. He also told the High Court that he had been ill on the hearing date. Bolger J noted that he had not mentioned illness during his lengthy exchange with the Circuit Court judge and produced no medical evidence.
The High Court held that the Circuit Court judge had acted properly, carefully and lawfully. It found that O’Malley had not reached the threshold of showing even an arguable legal basis for judicial review and refused leave to seek certiorari.
The judge’s indicative view was that the respondents should receive their legal costs, subject to final orders.