The Supreme Court yesterday granted leave to the DPP to seek a judicial review of the Special Criminal Court's decision to grant defence lawyers access to confidential Garda statements for a man charged with murdering Veronica Guerin.
The court upheld the DPP's appeal against a High Court decision refusing leave to take judicial review proceedings and gave lawyers for the State liberty to apply to the President of the High Court for an early date for the hearing.
Mr Justice Kinlen, in the High Court on Thursday, said the Special Criminal Court had ruled that lawyers for Mr Paul Ward were entitled to see certain Garda documents. He said he could not see why the documents in question should not be shown to the lawyers and refused leave for judicial review.
That decision was overturned by the Supreme Court yesterday.
Mr Ward (33), of Walkinstown Road, Clondalkin, is charged with murdering Veronica Guerin at Naas Road, Clondalkin, on June 26th, 1996. He denies the charge.
In the Supreme Court yesterday Mr Peter Charleton SC, for the State, appealed against the High Court's refusal to permit the DPP to apply, by way of judicial review, for orders quashing the Special Criminal Court decision on the documents.
Mr Charleton said judicial review was the appropriate remedy. in the matter which, he submitted, reflected on the entire administration of the police force.
He submitted that the special court's ruling overturned the administrative procedure for information given in confidence to the Garda, on which the courts had operated since the State's foundation.
Delivering judgment on the appeal, the Chief Justice, Mr Justice Hamilton, presiding, said the court was satisfied, while at this stage expressing no view as to the merits of the arguments advanced by Mr Charleton, that he had made a statable case.
The court would issue an order giving the DPP liberty to apply, by way of judicial review, for an order quashing the decision of the special court.
The Chief Justice said the DPP was also entitled to apply for a declaration that this court's ruling was wrong in law. The DPP could also seek a further declaration that the special court, in its ruling, acted in excess of jurisdiction.
Mr Charleton and Mr Patrick MacEntee SC, for Mr Ward, both indicated to the court they would do what was necessary to ensure the judicial review matter be heard as quickly as possible.
Meanwhile, in the Special Criminal Court yesterday Mr Justice Robert Barr, presiding, adjourned the trial until next week and said the court would hear further applications on Monday.