The Supreme Court has granted the Director of Public Prosecutions leave to cross-appeal in the drink-driving case against Mihai Avadenei. The determination was delivered on 8 July 2016.
The court also extended the time for the DPP to apply. A cross-appeal must be sought within 28 days of the Court of Appeal order being perfected. The DPP's appeal depended on Mr Avadenei's own appeal, and his notice was not filed until almost the 28 days had gone. The court accepted that this was a valid basis to extend time.
The case concerns a breath test certificate printed by the Evidenzer machine. Mr Avadenei is charged with driving with more than 22 micrograms of alcohol per 100 millilitres of breath. The High Court held that regulations under the Road Traffic Act 2010 required a single document in both Irish and English.
The Court of Appeal agreed. But it held that section 12 of the Interpretation Act 2005 meant that this defect did not invalidate the certificate.
The Supreme Court has separately given Mr Avadenei leave to appeal on the interpretation of that section. The DPP now also wants the Supreme Court to examine the Court of Appeal's view of the regulations.
The prosecutor's ground is that the Court of Appeal erred in reading section 13(2) of the 2010 Act as requiring two identical statements in Irish and two identical statements in English.
The court said it is in the interests of justice that the judges hearing Mr Avadenei's appeal also hear the prosecutor's arguments on how the 2011 regulations should be interpreted.