Private Prosecutions Ireland

Communities Right to Consultation H.J.R2024.588 On the 29th of April 2024 I commenced a Constitutional challenge of a statutory instrument  which deprived communities across Ireland of their Constitutional & Statutory right to be consulted concerning certain developments in their communities. On the 14th of January 2025 I filed over 500 pages of sworn testimony into the High Court concerning alleged crimes committed by Darragh O`Brien and his principle officer for their involvement in creating and subsequent cover up of this unlawful statutory instrument S.I.376/2023 . I asked Justice David Holland on the 20th of January to issue a summons against Darragh O`Brien for the alleged offences and the Judge refused this request even though he was obliged to issue the summons under Section 10 of the Petty Sessions Ireland Act, 1851 On the 15th of January 2025 the  Ceann Comhairle sent me a letter asserting that the quorum was reduced from 20 to 5 in January 2021. I immediate...

High Court Application for Communities Concerned About IPAS Centres To the Communities of Ireland, In July 2023, the Government, through S.I. No. 376/2023 , made a decision that silenced the voices of communities across our nation. By designating International Protection Accommodation Services (IPAS) centres as exempted developments under sections4(2) and 262 of the  Planning and Development Act 2000 , the Government stripped away your right to public consultation and meaningful engagement in decisions that profoundly affect your social, economic, and cultural fabric. This action, taken without adequate regard for the significant impacts on your schools, healthcare, infrastructure, and community cohesion, left many feeling abandoned by those entrusted to represent them. But you are not powerless. Today, I present a  High Court legal application —a powerful tool crafted for any community concerned about an IPAS centre in their area. This application, grounded in the principle...

The Petty Sessions (Ireland) Act 1851 and the Role of Private Prosecutions Ireland Limited in Prosecution of Complaints Section 10 of the Petty Sessions (Ireland) Act 1851 grants authority for a complaint to be made to any Justice of the Courts or a Peace Commissioner concerning an alleged offence. The relevant section of the Act provides: "Whenever information shall be given to any justice that any person has committed or is suspected to have committed any offence, within the limits of the jurisdiction of such justice, for which such person shall be punishable either by indictment or upon a summary conviction, it shall be lawful for such justice to receive such information or complaint, and to proceed in respect to the same, subject to the following provisions." Subsection 1 of Section 10 further specifies that the Justice or Peace Commissioner may determine the manner in which the complaint is received. It states: "Whenever it is intended that a summons only shall iss...

A Guide to Exercising Your Constitutional Rights Under Article 40.4 of the Constitution of Ireland The Constitution of Ireland enshrines the fundamental right to personal liberty, making it one of the cornerstones of our democratic system. Article 40.4 provides robust protections against unlawful detention and ensures that individuals can challenge any infringement on their liberty through a constitutionally mandated process. This guide is intended to help individuals understand and exercise their rights under this provision effectively. Understanding Article 40.4 What Does Article 40.4 Guarantee? Article 40.4 of the Constitution protects personal liberty by providing a mechanism for individuals to challenge unlawful detention. It ensures that no one can be deprived of their liberty except in accordance with law. Key Provisions of Article 40.4.2° Upon complaint of unlawful detention, the High Court, or any of its judges, is required to inquire into the legality of the detention “forth...

  Framework for Accessing the High Court Under Article 34.1 with the Right to a Jury Trial The ability to convene a jury trial concerning allegations of malfeasance in public office by state employees and their legal representatives is a pivotal development in upholding constitutional principles. This framework leverages Article 34.1 and Article 38.5 of the Constitution of Ireland to establish a direct pathway to the High Court, ensuring accountability for significant breaches of statutory and constitutional duties by public officials. Constitutional Provisions Supporting Jury Trials Article 38.5: The Right to a Jury Trial Article 38.5 guarantees that: “No person shall be tried on any criminal charge without a jury.” This provision underscores the constitutional right to a fair trial in criminal matters, with exceptions only in specific cases outlined under Articles 38.2, 38.3, and 38.4. The presence of a jury reinforces the principles of natural justice and due process , ensur...

Free Personal Liberty Actions Through the Superior Courts On October 11th and 14th, 2024, the Central Office of the High Court, operated by the Courts Service of Ireland, refused to accept an application concerning an infringement of personal liberty under Article 40.4.1° of the Constitution of Ireland. The Courts Service incorrectly asserted that personal liberty could only be deprived in cases of physical detention, thereby conflating the provisions of Article 40.4.1° with those of Article 40.4.2°. This misinterpretation narrowed the scope of the constitutional protection, bypassing the foundational principle under Article 40.4.1°, which safeguards personal liberty at the point of any deprivation. During this period, the Central Office also closed its doors to the public, effectively obstructing access to justice—a fundamental right under the Constitution. This matter was ultimately brought before The Hon. Mr. Justice Brian Cregan on October 14th, 2024. The court clarified and affirm...