Supreme Court of Ireland Decisions

You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Cummins v. D.P.P. [1998] IESC 51 (3rd December, 1998)
URL: http://www.bailii.org/ie/cases/IESC/1998/51.html
Cite as: [1998] IESC 51

[New search] [Printable RTF version] [Help]

Cummins v. D.P.P. [1998] IESC 51 (3rd December, 1998)

AN CHÚIRT UACHTARACH

THE SUPREME COURT

O’Flaherty J.,

Murphy J.,

Lynch J.,

(156/98)

BETWEEN:

CUMMINS L

Applicant

.v.

THE DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

Judgment (ex-tempore) delivered on the 3rd day of December, 1998, by O’Flaherty J.

1. In this case Mr. Cummins wanted to challenge a search warrant in a case that is still to be heard. Laffoy J. in her ruling of the 22nd May last refused the relief holding that any challenge to the warrant would be something that would be proper to be dealt with by the judge at the trial.

2. I would uphold that ruling.

3. Mr. Cummins also wanted to know the name of the informant who had lead to the search warrant being issued. Again, that is a matter totally within the jurisdiction of the trial court to rule upon and it is not proper to be dealt with at this stage by way of certiorari, mandamus or otherwise.

4. Mr. Cummins also seeks to have an order compelling the Government to enact the European Convention for the Protection of Human Rights and

-2-

5. Fundamental Freedoms into domestic law. The Court has no jurisdiction to order the Oireachtas, the Government, or the Attorney General to enact any legislation in any circumstances.

6. I would dismiss the appeal.