The Supreme Court has ruled that a Co Sligo man may challenge before the High Court his District Court conviction on a drink-driving charge.
A High Court judge, Mr Justice Butler, had granted Mr Michael Gordon leave to challenge his conviction but, on the application of the DPP, that leave was later set aside by another High Court judge, Mr Justice Kearns, who indicated that the matter could be resolved via an appeal.
Yesterday, the Supreme Court overturned Mr Justice Kearns's decision.
Mr Gordon, of Castletown, Easkey, has alleged that the DPP had acted in an unfair manner in Ballina District Court on September 18th 2001, and this had led to his conviction, based on false evidence.
It was stated that a garda gave evidence at his trial of a urine sample being taken in a toilet at Ballina Garda station. When a solicitor for Mr Gordon visited the station after his client's conviction, Mr Gordon claims the solicitor confirmed his belief that there was no toilet there. Mr Gordon then sought and secured leave from Mr Justice Butler to challenge his conviction. Mr Justice Kearns set aside that leave.
Yesterday, Mr Justice Fennelly, delivering the Supreme Court's judgment, said it was not desirable to comment further on the merits of the case for judicial review or on the opposition to it. It sufficed to say that the case had not been shown to be unarguable.