Minister's challenge over decision to strike out charges linked to Clerys redundancies opens
A challenge against a decision by a District Court judge to strike out charges linked to redundancies at Clerys department store in Dublin due to delays of disclosure of evidence has opened before the High Court.
The action has been brought by the Minister for Employment Affairs and Social Protection and is aimed at quashing District Court Judge John Brennan’s decision in March 2018 to strike out charges against businesswoman Deidre Foley, co-defendant Mark Redmond, of Belfry Dale, Saggart, Co Dublin, and the previous owners of Clerys, OCS Operations.
Judge Brennan’s decision was on the grounds including that the prosecution had failed to comply with an order for disclosure.
The defendants had been charged with offences contrary to provisions of the 1977-2014 Protection of Employment Act arising out of the closure of Clerys in June 2015 when a total of 460 people lost their jobs.
134 of those were employees of OCS Operations Ltd, the previous owners of Clerys.
Judge Brennan also ruled that any further adjournment would encroach on the defendants' rights to fair procedure and an expeditious trial.
Ms Foley, Mr Redmond and the company's legal teams applied to have the charges struck out on the grounds they could not get a fair trial without being provided with certain material from the Inspectors appointed by the Labour Court to look into the redundancies at the Store.
In High Court action the Minister for Employment Affairs and Social Protection seeks to have Judge Brennan's decision quashed.
In proceedings against Ms Foley, Mr Redmond and OCS Operations Ltd. the Minister represented by Padraig O'Dwyer SC and Breffni Gordon Bl seek various declarations including that the District Judge failed to strike a balance between the public interest in the prosecution of the offences and any risk of an unfair trial.
The Minister further seeks declarations that the striking out order was wholly disproportionate and unjust having regard to the all the circumstances of the case and that the Minister had fully discharged its duty to make disclosure to the respondents.
The action is opposed by Mr Redmond, and Ms Foley represented by Remy Farrell SC and the company represented by Brendan Grehan SC.
The case briefly opened before Mr Justice Charles Meenan today. Given the volume of papers in the case, the Judge agreed to read the documents in the case in chambers and adjourned the matter to Wednesday.
The Judge agreed with counsel for the parties that this course would reduce the time it would take to hear the action.
The judicial review proceedings are expected to take between three to five days to hear.
