SUMMONSES signed by an official in the court clerk's office in Ballina, Co Mayo, before December 5th last were not valid, Judge Dan Shields held at Ballina District Court yesterday.
The Department of Justice told The Irish Times last night it was seeking a report on the outcome of the proceedings and would not make any comment until it had seen the report.
The judge said he was satisfied the official who had been transferred from the Department of the Environment in Ballina on October 10th was not entitled to sign summonses on or before December 5th. He struck out summonses against 16 defendants. They included dangerous driving, drink-driving offences, larceny and public order summonses.
The judge said Ms Anne Cawley had not been formally assigned and appointed until December 5th by two Department of Justice officials, Ms Margaret Kerrigan, chief personnel officer, and Mr Noel Synott, courts division.
Mr Peter Loft us, a Ballina solicitor, queried the appointment of the court clerk. He said the Act specifically stated that every District Court clerk must be appointed by the Minister. In this case, the notice of appointment was signed by Ms Kerrigan in her capacity as an authorised officer. The letter of appointment from the authorised officer was for the purpose of authenticating orders made by the Minister.
Ms Kerrigan, he submitted, had stated that there was no ministerial order and that it was an executive decision made by herself and Mr Synott. However, the Act was specific in that it was the Minister alone who made the orders and not one of the executives or authorised members of her Department.
Mr Peter Flynn, solicitor, said that from documentation which he had received, there was a serious question whether any court clerk had been validly appointed in the area. This could have serious consequences.
Ms Margaret Kerrigan told the court that Ms Anne Cawley was appointed to the court clerk's office from October 10th as an assistant to Ms Siobhan Terry, the chief clerk in charge of the Ballina office.
In a letter, Ms Cawley was told to report to Ms Terry on October 10th, and confirmation of taking up her appointment was contained in a letter from Ms Terry on October 15th. The offer was a temporary transfer as she was replacing a person on a career break since April last year. Orders assigning her were issued by the Department on December 5th.
Judge Shields adjourned to January 28th separate submissions by Mr Loftus. He agreed it was a matter of public interest and he would like the High Court to consider the appointment. This could be done by Mr Loftus applying for a prohibition or by the District Court making a decision and either the prosecution or defence appealing.