COVID 19

Gemma O’Doherty & John Waters lose high-court COVID-19 challenge

Gemma O’Doherty & John Waters lose high-court COVID-19 challenge

The High Court has refused to allow Gemma O’Doherty and John Waters bring a judicial review of the laws that led to the COVID-19 restrictions coming into force.

Today’s judgement was delivered electronically, but the pair have previously indicated their intention to appeal if they were not successful.

In their submissions to the court, John Waters and Gemma O’Doherty claimed the COVID-19 pandemic was not an “emergency” as set out in the Irish constitution.

As a result, they claimed the COVID-19 restrictions breached our constitutional rights.

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Gemma O’Doherty and John Waters wanted the emergency legislation declared “null and void” on the grounds of what they claimed was its repugnancy to the Irish constitution, and they also wanted a declaration to the effect that the laws were not properly enacted.

They questioned the accuracy of the figures related to COVID-19 deaths, and accused the Minister for Health of relying on “fraudulent science”.

They referred to the arrival of a “police state” and a parallel with Nazi Germany was also made.

In refusing their application, the judge said the constitutional rights involved are not absolute, and he wasn’t convinced the restrictions were disproportionate.

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Both parties have been invited to make submissions in relation to legal costs.

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