Mihai Avadenei wins costs in drink-driving case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal affirmed a High Court costs award in favour of Mihai Avadenei on 2 June 2016. Mr Justice Edwards also made no order for costs in respect of the appeal.

The case arose from a drink-driving prosecution of Avadenei, aged 29, who had an address in Swords, County Dublin. In July 2014, his legal team argued during District Court proceedings brought by the DPP that a statement produced following an Evidenzer breath test was invalid because it was in English only.

District Court judge Colin Gibbons ruled that the missing Irish half meant the statement was not “duly completed” and asked the High Court to confirm his finding. On 21 September 2015, Mr Justice Seamus Noonan upheld that finding in the High Court, ruling that the statement could not be admitted as evidence.

The Court of Appeal overturned the ruling in May 2016. The DPP sought costs for both the High Court and appeal proceedings. However, Mr Justice Edwards affirmed the High Court costs award in Avadenei’s favour, which had been stayed pending the appeal.

The proceedings were reported on 3 June 2016.