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Judicial review M50 chase accused Gemma Greene challenging bail conditions including driving ban

Gardai sought the imposition of these conditions after alleging that Ms Greene was a flight risk which Ms Greene’s solicitor opposed

Gemma Greene pictured leaving Dublin District Court.
              Photo: Collins Courts

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Gemma Greene on holiday in Spain (pic posted on her Instagram)

Gemma Greene pictured leaving Dublin District Court. Photo: Collins Courts


May 07 2021 08:06 PM UP DATED BY FRED BASSETT

Dublin woman Gemma Greene, who is charged with dangerous driving following an alleged chase involving Garda vehicles on the M50, has launched a second legal action over bail conditions imposed on her by the District Court.

In her latest High Court judicial review proceedings against the Director of Public Prosecutions Ms Greene has challenged bail conditions that were imposed on her by District Court Judge Treasa Kelly late last month.

24-year-old Ms Greene was before the District Court in March in respect of two charges of dangerous driving, on the M50 at Junctions 4 and 9 northbound on March 1st last, against her.

It is also alleged that Gardaí chased a car on the M50 until it stopped at the Hampton Wood Drive area of Ballymun.

On April 26th last she returned before Judge Kelly in respect of fresh charges, including several counts of dangerous driving, as well as allegations of attempted criminal damage and endangerment, against her arising out of the same incident.

Judge Kelly remanded Ms Greene on bail. The conditions of her bail include that Ms Greene stay away from Ballymun, be under curfew from 11pm to 6am, sign on daily with the Gardai and that she remains of sober habits.

Gardai sought the imposition of these conditions after alleging that Ms Greene was a flight risk which Ms Greene’s solicitor opposed.

Ms Greene had always turned up for court, had previously surrendered her passport, and said she was the victim of fake social media accounts which made false claims including that she has a second passport, it was argued.

Ms Greene claims the District Court lacks the jurisdiction to make the variations, and in her action seeks an order quashing the changes to her bail conditions imposed on her by the District Court.

She also seeks declarations including that the District Court lacked the jurisdiction to vary the bail conditions, and that the additional conditions are not lawful, proportionate nor necessary.

Ms Greene, represented by Giollaiosa O’Lideadha SC, appearing with Karl Monaghan Bl and instructed by solicitor John Quinn also claims that an additional condition, that she not drive a mechanically propelled vehicle while on bail, was also imposed on her by Judge Kelly.

Counsel said that the Gardai did not seek that particular condition and the district court was wrong to impose it, and it like the other conditions should be quashed.

That condition was in the face of Ms Greene’s entitlement to the presumption of innocence of the charges, counsel said.

Ms Greene of Bunratty Road, Coolock, Dublin 17, had originally been remained on Station bail, where she was required to attend court and be of good behaviour.

Her lawyers say that she fully complied with those conditions and say that the additional conditions should not have been imposed by the District Court.

At the High Court on Friday permission to bring the action, which is against the DPP, was granted by Ms Justice Niamh Hyland.

Ms Justice Hyland also placed a stay on the bail conditions, pending the outcome of the judicial review proceedings on the condition that Ms Greene does not leave the country.

The DPP, represented by Oisin Clarke Bl said his client was neither opposing nor consenting the leave application, and was satisfied with the terms of the stay.

Last month Ms Greene commenced separate High Court proceedings against almost similar bail conditions that were imposed on her when she was before Judge Kelly on March 29th last.

In those proceedings, she also claims that the District Court lacked the jurisdiction to impose the bail conditions it did on that occasion, and that they are not lawful, proportionate nor necessary.

Permission was previously granted by the High Court to bring that action, and a stay was placed on the bail conditions, pending the outcome of the judicial review proceedings.

Both actions will return before the High Court in June.

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