LAST UPDATE | 31 May 2022

DISTRICT COURT GARDA prosecutions could be thrown into disarray as a High Court Judge has banned garda court presenters prosecuting cases.

Court presenters are generally gardaí at sergeant rank who act as prosecuting gardaí in court – they act on behalf of other gardaí and outline the details of cases for the judge. 

This was designed to keep gardaí on the streets and save on overtime payments for court appearances.  

This morning garda authorities, the Department of Justice and the Director of Public Prosecutions were made aware of a judgment in the High Court which affects the right of these court presenters to act as prosecutors.

The case centres around a man who was being prosecuted by gardaí for possession of a small quantity of cannabis. 

Essentially the garda who had dealt with the case was not in court on the day of the case and a sergeant, who was a court presenter, acted on his behalf.

The defendant in the case had argued that the “right of audience” of the sergeant to prosecute the case on behalf of a fellow garda did not exist. 

The district court judge sent a “case stated” to the High Court – this allows a district court judge to clarify a question on how to conduct the case to the superior court. 

The Minister is aware of today’s judgment. The Department of Justice is examining the implications of the judgment in consultation with the Office of the Attorney General and An Garda Síochána.

During the High Court hearing the court heard that the DPP and Attorney General had argued that the garda sergeant was not seeking to prosecute the case. The Judge in the High Court did not accept that argument. 

The case centres around the concept of a “right of audience” in the District Court rules. This covers who can specifically appear in court and act on the behalf of those appearing. 

The Court heard from Ms Justice Marguerite Bolger said that the use of court presenters was beyond the permitted powers of gardaí. 

In her judgement she said: “Rights of audience are conferred by law on specified people is part of the integrity of the judicial system and is necessary to ensure the proper administration of justice.”

Ms Justice Bolger admitted that her decision may “adversely affect” how prosecutions are handled in the District Court. 

“This court does not underestimate or disregard the administrative challenges in managing the system of District Court criminal prosecutions and the need for an effective system to do so.

“However, the desirability of efficiency cannot be permitted to overlook the application (even over many years) of a rule that goes impermissibly beyond what is permitted,” she explained. 

The issue of gardaí acting as prosecutors in the district court was mentioned in the Commission on the Future of Policing more than four years ago. 

The report recommended that it was not appropriate that investigators act as those prosecuting the case. This was accepted by Government but never acted on. 

It is understood that news of the judgment was greeted with concern in Garda Headquarters and that meetings will take place between gardaí, the DPP and Department of Justice officials to discuss the impact on court hearings. 

One source, involved in the prosecution of cases, said that it could be a very “expensive” judgment for the garda budget as it would necessitate large payments of overtime for gardaí to attend court. 

It would also likely see on duty gardaí to be taken off the street to attend district court matters. 

A spokesperson for the Department of Justice confirmed they were aware of the ruling. 

“The Minister is aware of today’s judgment. The Department of Justice is examining the implications of the judgment in consultation with the Office of the Attorney General and An Garda Síochána,” she said. 

Antoinette Cunningham, the General Secretary of the Association of Garda Sergeants and Inspectors said: “We are considering the judgement at this time and have sought clarity from Garda Headquarters this afternoon on the implications of same for our members.”

A garda spokesperson said the organisation is aware of the High Court decision and was working to find a solution.

“An Garda Síochána is working closely with the Office of the Director of Public Prosecutions to ensure continuity in the prosecution of cases before the District Courts,” the spokesperson said.