A JUDGE has ordered the release to lawyers of part of a file relating to a garda investigation into a car accident involving former garda Stephen Cooper.
Circuit Court President Mr Justice Matthew Deery said today that an edited version of the file gave a fair analysis and representation of the accident.
In a previous hearing the court heard that the file, produced for the DPP, contained a number of statements that would assist the court in its determination of the issues in Mr Cooper’s claim against the MIBI and car owner Tony Luptan, Latchford Green, Clonee, Co Dublin.
The court had been told that other issues contained in statements were relevant only to “other matters.”
The file provided to the DPP following the garda investigation had contained a garda recommendation to prosecute the then Garda Cooper but the DPP had decided not to direct any prosecution.
In his €38,000 claim Cooper alleges he was injured when Luptan’s car crashed into the BMW in which he was a passenger and which was being driven at the time by Philip D’Arcy, now with an address in Australia and who has been joined as a third party in the proceedings.
Cooper (27), of The Green, Kingswood Heights, Tallaght, Dublin, claims that the untraced driver of Lupton’s car, which Mr Lupton alleges had been stolen from him, had immediately fled the crash scene at Clonee Road, Lucan, at 1:30 a.m on 4th March, 2010.
Judge Deery had adjourned the case after barrister Conor Kearney, counsel for the MIBI had asked for time to seek an order directing Gardai to release the file which they had forwarded to the DPP.
In today’s hearing, Judge Deery, having read over the complete file, and also the redacted version relevant to the accident, allowed the edited report to be released to the parties.
The case was adjourned for a date to be fixed by the Circuit Court Office after Mr Kearney said he would now have to amend his defence to include fraud.