DPP -v- Vitoldas Jagutis [2013] IECCA 4 (07 March 2013)

DPP -v- Vitoldas Jagutis [2013] IECCA 4 (07 March 2013)

A summary dismissal motion under s.4E is not the proper vehicle for determining the admissibility of evidence obtained under an allegedly defective search warrant where the issue is not plain or clear and would require resolution of factual matters beyond the Book of Evidence; such matters are for the trial judge. The trial judge erred in dismissing the charges at this stage.

Citation
[2013] IECCA 4
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: Vitoldas Jagutis
Jurisdiction
Ireland
Judgment Date
07 March 2013
Procedural Posture
Criminal Appeal / Appeal Against Summary Dismissal of Charges Prior to Trial
Outcome
Appeal allowed; order of dismissal reversed; trial to proceed
Legal Topics
Admissibility of Evidence, Illegally Obtained Evidence, Summary Dismissal, Search Warrants
Criminal Law Evidence Admissibility of Evidence Illegally Obtained Evidence Summary Dismissal Search Warrants

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Vitoldas Jagutis

Accused/respondent

Procedural Posture

Criminal Appeal / Appeal Against Summary Dismissal of Charges Prior to Trial

Legal Issues

  1. 1 Whether a summary dismissal motion under s.4E of the Criminal Procedure Act 1967 (as amended) is the proper vehicle to determine the admissibility of evidence obtained under an allegedly defective search warrant
  2. 2 Whether the evidence obtained should be excluded if the warrant is defective
  3. 3 Whether the trial judge erred in dismissing the charges based on the alleged inadmissibility of evidence

Ratio Decidendi

A summary dismissal motion under s.4E is not the proper vehicle for determining the admissibility of evidence obtained under an allegedly defective search warrant where the issue is not plain or clear and would require resolution of factual matters beyond the Book of Evidence; such matters are for the trial judge. The trial judge erred in dismissing the charges at this stage.

Court Disposition

Appeal allowed; order of dismissal reversed; trial to proceed

Orders

  • Order of the trial judge dismissing the charges is reversed
  • Appropriate measures to be discussed with counsel to allow the trial to proceed