The Irish Human Rights and Equality Commission (the ‘Commission’) has been given permission by the Supreme Court to appear as amicus curiae (friend of the court) in the case of DPP v. Dowling.
The case concerns the criminal prosecution of Mr Dowling for trespass at a restricted area at Shannon airport and, in particular, the extent of the availability of the defences of necessity and lawful excuse in the circumstances of this case. Mr Dowling argues that a judgment of the Supreme Court is needed on the elements of the defence of necessity and lawful excuse and its availability in a case of “direct action”.
The Supreme Court noted that that there is little Irish authority on the subject of the defence of necessity in relation to the charge of trespass and how it might relate the offence of trespass in the case.
The Commission will be of assistance to the Supreme Court by exploring case law and legal commentary not currently before the Court, including recent case law of the European Court of Human Rights. The Commission will focus on the Constitutional rights to free expression and free assembly in the context of a criminal prosecution for in cases of “direct action”.
Director Deirdre Malone said:
“This case raises questions in relation the interaction between criminal prosecution and the constitutional rights of freedom of expression and assembly in the context of “direct action” and the defence of necessity and lawful excuse. The Commission looks forward to making itself available to assist the Court in its consideration of these important issues.”