S -v- DPP & ors [2005] IESC 43 (22 June 2005)

S -v- DPP & ors [2005] IESC 43 (22 June 2005)

The explanations for the complainants' delay in reporting the alleged offences were insufficient; the extreme and unexplained delay created a real and serious risk of unfair trial, justifying prohibition of the prosecution on the ground of delay alone.

Citation
[2005] IESC 43
Parties
Applicant/appellant: T. S.; First Named Respondent: The Director of Public Prosecutions; Second Named Respondent: His Honour Judge Harvey Kenny; Third Named Respondent: District Judge Albert O’Dea
Jurisdiction
Ireland
Judgment Date
22 June 2005
Procedural Posture
Appeal (judicial Review) / Supreme Court Final Judgment
Outcome
Appeal allowed; High Court order varied; trial prohibited on all charges concerning MD and IG.
Legal Topics
Delay in Prosecution, Prohibition of Trial, Sexual Offences, Right to Fair Trial, Prejudice Due to Delay
Criminal Law Constitutional Law Delay in Prosecution Prohibition of Trial Sexual Offences Right to Fair Trial Prejudice Due to Delay

Case Brief

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Parties

T. S.

Applicant/appellant

The Director of Public Prosecutions

First Named Respondent

His Honour Judge Harvey Kenny

Second Named Respondent

District Judge Albert O’Dea

Third Named Respondent

Procedural Posture

Appeal (judicial Review) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether extreme delay in prosecution of sexual offences justifies prohibition of trial absent demonstrated prejudice
  2. 2 Whether explanations for complainants' delay in reporting were sufficient to excuse delay

Ratio Decidendi

The explanations for the complainants' delay in reporting the alleged offences were insufficient; the extreme and unexplained delay created a real and serious risk of unfair trial, justifying prohibition of the prosecution on the ground of delay alone.

Court Disposition

Appeal allowed; High Court order varied; trial prohibited on all charges concerning MD and IG.

Orders

  • Order prohibiting the trial of the appellant in relation to all charges concerning MD and IG.