Alan Shatter wins court challenge to Guerin Report

Former Justice Minister Alan Shatter has won his legal challenge to the findings of the Guerin Report.

The 2014 report by barrister Séan Guerin SC criticised Mr Shatter’s handling of Garda whistleblower allegations and contributed to his subsequent resignation.

A previous challenge was dismissed by the High Court, but Mr Shatter yesterday won in the Court of Appeal.

He claimed that Mr Guerin should have interviewed him before reaching adverse conclusions, or allowed him to respond to draft conclusions.

In his judgment, Mr Justice Sean Ryan said: “My view, in summary, is that the appellant has established that he was a person whose constitutional rights were in jeopardy by reason of the conclusions that Mr Guerin was proposing to include in his report, that the author was obliged to observe the rules of natural justice and in particular audi alteram partem, that there was in the circumstances breach of those rights because of the defective procedure that was adopted and that he is entitled to a declaration accordingly.”

Mr Justice Ryan acknowledged Mr Guerin was working under pressure with a large amount of material and a severe time constraint.

He said: “It seems to me that he was in error, but in the overall context of what he had to do I am very far from being personally critical of him.”

The matter will return to the Court of Appeal later this month for a decision on orders or declarations from the court.