Furlong -v- Director of Public Prosecutions [2016] IECA 114 (20 April 2016)

Furlong -v- Director of Public Prosecutions [2016] IECA 114 (20 April 2016)

Permitting a retrial in circumstances where the prosecution sought and obtained a jury discharge due to evidential collapse, thereby gaining an advantage not available to the defence, would be inherently unfair and contrary to the principles of fair trial and equality of arms; thus, the retrial must be restrained.

Citation
[2016] IECA 114
Parties
Applicant/respondent: Michael Furlong; Respondent/appellant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
20 April 2016
Procedural Posture
Criminal Appeal (judicial Review) / Appeal From High Court Decision Restraining Retrial
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Retrial, Fair Trial Rights, Delay in Judicial Review, Discharge of Jury
Criminal Law Constitutional Law Judicial Review Abuse of Process Retrial Fair Trial Rights Delay in Judicial Review Discharge of Jury

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Parties

Michael Furlong

Applicant/respondent

The Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Criminal Appeal (judicial Review) / Appeal From High Court Decision Restraining Retrial

Legal Issues

  1. 1 Whether the applicant was out of time to seek judicial review and if time should be extended
  2. 2 Whether a retrial would constitute an abuse of process or denial of fair trial under Article 38.1 of the Constitution

Ratio Decidendi

Permitting a retrial in circumstances where the prosecution sought and obtained a jury discharge due to evidential collapse, thereby gaining an advantage not available to the defence, would be inherently unfair and contrary to the principles of fair trial and equality of arms; thus, the retrial must be restrained.

Court Disposition

Appeal dismissed

Orders

  • Order restraining the Director of Public Prosecutions from proceeding with the prosecution