Woman charged with dangerous driving takes action over bail conditions
Conditions imposed on Gemma Greene include curfew and staying away from Ballymun
Gemma Greene (24), of Bunratty Road, Coolock, Dublin. Photograph: Collins Courts
A Dublin woman charged with dangerous driving following an alleged chase involving Garda vehicles on the M50 has launched a second legal action over bail conditions imposed on her by the District Court.
In her latest High Court judicial review proceedings against the Director of Public Prosecutions, Gemma Greene (24) has challenged bail conditions imposed on her by District Court Judge Treasa Kelly late last month.
Ms Greene was before the District Court in March in respect of two charges of dangerous driving, on the M50 at Junctions 4 and 9 northbound on March 1st last, against her.
On April 26th last, she returned before Judge Kelly in respect of fresh charges, including several counts of dangerous driving, as well as allegations of attempted criminal damage and endangerment, against her arising out of the same incident.
Judge Kelly remanded Ms Greene on bail. The conditions of her bail include she stay away from Ballymun, be under curfew from 11pm to 6am, sign on daily with the gardaí and that she remains of sober habits.
Gardaí sought the conditions after alleging Ms Greene was a flight risk.
Her solicitor, in opposing the conditions, said she had always turned up for court, had previously surrendered her passport and was a victim of fake social media accounts which made false claims including she has a second passport.
In her High Court case, she claims the District Court lacks the jurisdiction to make the variations and wants them quashed as not lawful, proportionate nor necessary.
Ms Greene, represented by Giollaiosa O’Lideadha SC, appearing with Karl Monaghan BL, instructed by solicitor John Quinn, also wants an additional condition, that she not drive a mechanically propelled vehicle while on bail, quashed.
Counsel said gardaí did not seek that condition and the district court was wrong to impose it, and it like the other conditions should be quashed.
That condition was in the face of Ms Greene’s entitlement to the presumption of innocence of the charges, counsel said.
Ms Greene of Bunratty Road, Coolock, Dublin 17, had originally been remained on station bail, where she was required to attend court and be of good behaviour.
Her lawyers say that she fully complied with those conditions and the additional conditions should not have been imposed by the District Court.
At the High Court on Friday permission to bring the action against the DPP was granted by Ms Justice Niamh Hyland.
Ms Justice Hyland also placed a stay on the bail conditions, pending the outcome of the judicial review proceedings on the condition Ms Greene does not leave the country.
The DPP, represented by Oisin Clarke BL, said his client was neither opposing nor consenting the leave application, and was satisfied with the terms of the stay.
Last month Ms Greene commenced separate High Court proceedings over similar bail conditions imposed on her when she was before Judge Kelly on March 29th last.
In those proceedings, she claims the District Court lacked jurisdiction to impose the bail conditions it did on that occasion, and that they are not lawful, proportionate nor necessary.
Permission was previously granted by the High Court to bring that action, and a stay was placed on the bail conditions, pending the outcome of the judicial review proceedings.
Both actions will return before the High Court in June.