High Court ruling sparks fears of case backlog

Judge Marguerite Bolger's ruling that it fell to the prosecuting garda to both institute and conduct a prosecution could lead to a spate of adjournments, according to some sources

High Court judge Ms Justice Marguerite Bolger made the ruling after a defendant challenged the right of audience of a garda sergeant. File picture: Maxwells

The Department of Justice and the Attorney General are in talks over how to deal with a High Court ruling which could mean district court prosecutions having to be conducted by the charging garda, amid fears that it could create a backlog of cases.

The ruling by Ms Justice Marguerite Bolger came after a defendant, initially accused of possessing a small quantity of cannabis, challenged the right of audience of a garda sergeant in the absence of the garda who had initially charged the man. The defendant had pleaded not guilty to the charge but when there was no appearance by the prosecuting garda or by a solicitor from the Office of the Director of Public Prosecutions DPP, the sergeant indicated to the court that he was "instructed' by the garda in the case and that he was not in a position to proceed, but could provide facts to the court in the event of a guilty plea.