The Court of Appeal has dismissed Francis McGuinness’s appeal against a High Court refusal to let him seek judicial review over a Circuit Court judge’s decision not to state a case to the Court of Appeal.
The judgment, delivered by Ms Justice Tara Burns on 6 June 2024, held that the Circuit Court appeal remained live and would have to be reheard de novo by another judge. The judge who had heard the matter, Judge McDonnell, had retired before imposing sentence or making a formal order. Her indication that she was satisfied of McGuinness’s guilt therefore had no binding effect, the court said.
The underlying case arose from McGuinness’s 2018 conviction in Swords District Court for driving without a licence and insurance in 2013. He appealed. The appeal was struck out after he did not appear, then reinstated on his application. The judgment records that information about the reinstatement was not uploaded to the Criminal Case Tracking System, which interacts with the Garda PULSE system.
At Circuit Court hearings in July 2019, Judge McDonnell indicated she was satisfied McGuinness was uninsured and intended to convict him. A question arose about mandatory disqualification in light of two similar convictions from 1985 and 1987. McGuinness sought a case stated on that issue. On 23 November 2020, while McGuinness and his legal team were absent after not being notified of the listing, Judge McDonnell decided not to state a case and adjourned the matter for sentence.
The Court of Appeal found there was no order from that date concerning McGuinness that could be quashed. Because the appeal must be heard afresh, he can raise his arguments again, including asking for a case stated. The challenge to the November 2020 decision was therefore moot, and no arguable basis for judicial review was established.
The court also upheld the refusal to allow McGuinness to amend his judicial review grounds to seek prohibition of further prosecution of the Circuit Court appeal. The proposed relief had not been properly formulated or notified to the respondents. The court agreed that the evidence did not establish a real risk of an unfair trial; the stress of the proceedings and the timing of the disqualification did not show trial unfairness.
McGuinness had also relied on three arrests in 2021 while the disqualification order was suspended, in support of a damages claim. The Court of Appeal said any claim arising from those arrests was separate from the November 2020 decision and should be brought, if pursued, in separate plenary proceedings.
The court dismissed the appeal, leaving the High Court’s refusal of leave in place.