A detective garda yesterday won his High Court application to stop the DPP attempting to again prosecute him for alleged traffic offences some nine months after he had secured another High Court order stopping his trial for the same alleged offences.
Det Paul Landers was told by the High Court in May 2003 that it was appropriate that his prosecution before Judge Michael Patwell should not continue. No order was sought or granted prohibiting his further prosecution.
The case had opened before Judge Patwell in November 2001 and adjourned following a lengthy hearing.
On July 1st, 2003, the President of the District Court informed the Office of the Chief Prosecution Solicitor that a further hearing of the same prosecution would be listed before Judge Timothy Lucey at Fermoy District Court on September 12th, 2003.
Det Landers then brought new High Court judicial review proceedings to restrain that trial.
It was alleged that Det Landers was the driver of a vehicle on January 16th, 2001, at Rathcormac, Co Cork, which damaged a wall belonging to a Mr Bertie Cuff and that he had failed to report the occurrence as soon as possible to a member of the gardaí. It was also alleged he was the driver of a vehicle which damaged two poles belonging to Mr Ted O'Leary of Cork County Council and that he failed to report the matter as soon as possible.
In his reserved judgment yesterday, Mr Justice Kearns said that at the conclusion of a lengthy hearing before Judge Patwell, the judge adjourned the matter for two weeks so additional evidence in the form of telephone records which the judge saw as relevant to the issues before him could be produced at the adjourned hearing.
During the course of the hearing, there were interventions by Judge Patwell which led Det Landers to believe that the judge had prejudged the case. Prior to the adjourned re-hearing of the matter, Det Landers brought High Court proceedings to restrain Judge Patwell from further conducting his trial.