Zoe Developments Ltd, a building contractor, has been given leave by the High Court to seek orders prohibiting the DPP and the National Authority for Occupational Safety and Health (NAOSH) from prosecuting it.
Mr Adrian Hardiman SC, for Zoe Developments, with registered offices at Fleet Street, Dublin, told the court yesterday that in November last year the authority had in mind to prosecute his client on two charges under the safety and health legislation.
On November 7th last a press statement had been issued by the authority in which it was stated, among other things, that Zoe Developments had 12 previous convictions for breaches of the legislation and that two charges were pending, counsel said.
At that time the hearing in relation to one charge was fixed for December 8th last and the second was making its way through the District Court.
The High Court has already given liberty to the company to seek a judicial review of the December 8th charge.
Mr Hardiman said he was applying for liberty to seek a judicial review of the second charge, due to be heard next February.
Zoe alleges that the DPP took over prosecution of the second charge on behalf of the Health and Safety Authority; that the authority last November issued a press release that Zoe Developments had had 12 previous convictions since 1991, and that there were "two further potential indictable offences pending."
The statement also said three persons had been killed in accidents on sites managed by Zoe Developments.
Mr Liam Carroll, of La Touche House, Grove Road, Rathmines, Dublin, managing director of Zoe Developments, said in an affidavit that his company intended to plead not guilty to the charges.
He said that last November the authority had started High Court proceedings against Zoe. The court was told of the convictions but the High Court judge had not been made aware that prosecutions were pending.
He believed those steps were taken by NAOSH knowing that further publicity for the convictions and pending indictments would be achieved.
Mr Carroll believed there was a real risk of an unfair trial. He believed the authority had deliberately sought publicity either with the intention of worsening Zoe Developments' position at the trial or from indifference as to whether it was worsened.
Mr Justice Lavan granted leave to seek orders, by way of judicial review, prohibiting the prosecutions.