A High Court judge has expressed concern that artificial intelligence (AI) technology could identify a woman who is an alleged victim of harassment from her ex-husband. It follows the ex-husband’s use of an online tool to produce a document he hopes will halt his prosecution.
The man, who entered a plea of guilty at a Circuit Court to harassing his ex-wife and her parents, said he was coerced into the plea and sought a stay on his prosecution pending the outcome of his legal challenge.
The man, who cannot be named by order of the Circuit Court judge, claims he entered a guilty plea to the charges in February because he was under “coercion and threat” from his former legal team. He said he is innocent of the charges.
At the High Court on Monday, the man, who is in his 40s, successfully applied to have a 43-page “report” read by the court. He admitted to using an AI tool in compiling the document as part of a late bid to bolster his case. The document was not read out in court but the judge agreed to read its contents.
However, Ms Justice Mary Rose Gearty raised concerns over whether or not the man was in breach of the anonymity order granted by the Circuit Court judge. The judge’s concerns were driven by the possibility that he had submitted details of the case to the online AI tool that could possibly identify alleged victims in the case.
The man told Ms Justice Gearty that he had an individual account linked to his email address by subscription. He added that he had received written assurances from the service that the material was not to be shared online.
The man is taking a review against the Director of Public Prosecutions (DPP) to halt his prosecution for the harassment charges. Ms Justice Gearty said she would allow the report to be read by the court and shared with the DPP, An Garda Síochána and the Garda Ombudsman.
Feichín McDonagh, for the DPP, said he opposed the entry of the “expert report” into judicial review proceedings which had already been heard before the High Court in July.
Mr McDonagh said the man had shared his book of evidence to an American person with “no understanding” of the Irish judicial system. He said the man had made accusations “against a swathe of people, not just the DPP”, adding that it was “completely inappropriate” for the man to attempt to reopen the hearing.
Mr McDonagh pointed out that the judicial review was heard in an “expedited” hearing and that the court had already reserved its decision in the case.
Ms Justice Gearty said it was surely better that she read the report. She said that unless this exposed an “egregious” unfairness to the man, it was not a matter for the High Court to rehear any aspect of the challenge.
The judge said she would read the report and indicate later this month whether a new hearing was required on aspects addressed in the document.
Mr McDonagh said the man was “trying to mount some sort of unsubstantiated claim of conspiracy or collusion” involving individuals, adding it was “all on a completely inappropriate basis”.
Ms Justice Gearty said she was conscious the matter had been expedited but she had “no idea” what was in the report. “I am concerned about the use of an AI tool to prepare the case for the obvious reason of the anonymity provision,” she said. “The Circuit Court judge has made an order that none of the parties may be identified.”
Addressing the man, she said: “If material has been put into an AI tool, which you concede has been done, that is a breach because anything that has been put online can be [made] publicly available by an AI tool.”
Mr McDonagh said he suspected the material could be used by others, but he had “no idea” whether it could be accessed by inputting a specific name into the AI tool.
Among claims made by the man in judicial review proceedings is that evidence was withheld and gardaí who investigated the case allegedly included friends of his ex-wife.
He also alleges his then-legal team advised him to plead guilty. He claimed a defence lawyer told him gardaí had “killed” people before and that he should not “draw the gardaí” on him by fighting the charges.
