Two doctors have brought a High Court challenge to the DPP's decision to prosecute them arising out of the deaths of two Brazilian men in a Co Galway house owned by the doctors.
Ralph and Elaine Keane, Rich Hill House, Lisnagry, Limerick, yesterday secured leave to bring judicial review proceedings aimed at overturning the DPP's decision to prosecute them for alleged reckless endangerment by failing to service or maintain a boiler in the house.
Two men, Roberto Perna Ramos and Erly Rodrigues Da Silva, were found dead in the boiler house/utility room of the house at Áras Mhuire, Clonahaha, Ennis Road, Gort, Co Galway, on December 1st, 2005.
Leave was granted by Mr Justice Michael Peart, who also granted an injunction restraining the prosecution pending the outcome of the proceedings.
In seeking leave, Martin Giblin SC, for the Keanes, said his clients had rented the house to a Brazilian woman and her husband and it was never intended that more than four people would stay in the house. However, many more people ended up staying there.
After the deaths of the men, the Keanes had been informed in April 2006 by gardaí, on direction by the DPP, that no prosecution was warranted in this matter, Mr Giblin said. However, several months later, they were informed that the DPP did intend to prosecute them.
In an affidavit, Dr Ralph Keane, a consultant general surgeon, said he and his wife had let the three-bedroomed house to Marilda Luiza Dos Santos in May 2005. At no stage were more than four people to occupy the house. However, it appeared that, as well as the tenant and her husband, at least six other people resided there.
On foot of a verbal tenancy agreement, the tenant was responsible for the condition of the house and its components, including the oil-fired boiler that was used to provide central heating for the house, he said.