A gentleman has initiated a High Court dispute in response to An Garda Síochána’s denial of station bail to him in the aftermath of his apprehension for allegedly violating a domestic violence directive. He was taken into custody by the gardaí on charges related to the 2018 Domestic Violence Act, supposedly infringing a safeguarding order regarding his estranged spouse. The couple’s bond, the court was informed, had entirely disintegrated at the arrest moment two years ago.
The man was declined station bail and kept under guard after his apprehension. Even though there was no opposition to his bail, he remained in custody until his appearance in front of the District Court. He insists that his station bail refusal emerged from the Garda Commissioner’s indiscriminate policy of bail denial for those alleged to have contravened domestic violence orders.
The man protests that since 2017, this policy lacks to provide legal authority, is prohibited, and biased. Additionally, from his standpoint, it constitutes an illegal violation of both his constitutional and European Convention on Human Rights liberties.
With Arthur Griffin BL as his legal representation, the gentleman is seeking various orders and declarations in his legal scrutiny against the Garda Commissioner. Among these are quashing the gardaí’s decision to deny him station bail post his apprehension and charging, and quashing the Commissioner’s verdict to execute a blanket bail denial stance in instances of purported domestic violence order violations.
Moreover, he seeks the elimination of what he labels as an illegal bail policy from a publication called “Policy of An Garda Síochána on Domestic Abuse Intervention Revised Edition 2017”. He is also pushing for an array of declarations, including that the denial of station bail for accusations of violating domestic violence orders does not conform to legal or reasoned judgements and violates his rights.
Ms Justice Niamh Hyland granted rights on an ex parte basis to commence the challenge on Monday. The High Court has previously addressed challenges encompassing comparable legal argumentation concerning the supposed policy about awarding station bail to those indicted for breaching such orders.
The gentleman’s case will approach the court again for scrutiny later this month.