Roy Mackarel has been refused a direct appeal to the Supreme Court over the High Court's refusal of leave for a judicial review. The determination was delivered on 15 July 2015.
Mr Mackarel was a part-time fireman with Monaghan County Council until his dismissal in December 2007. His defamation action against the council and Cathal O'Brien was dismissed by Judge James O'Donoghue at Carrickmacross Circuit Court in July 2014.
In February 2015, Mr Justice Noonan refused him leave to seek a judicial review of that decision. The judge found there was no stateable case, and that an ordinary appeal to the High Court was a perfectly adequate remedy. Mr Mackarel applied under Article 34.5.4 of the Constitution to bypass the Court of Appeal.
The Supreme Court found that no issue of general public importance was raised. It also found no exceptional circumstances that would justify a direct appeal in the interests of justice. Ireland, the Attorney General and the notice parties had opposed the application.
The court made no order allowing a direct appeal, so any appeal is a matter for the Court of Appeal.