P.H. -v- D.P.P. [2007] IESC 3 (29 January 2007)

P.H. -v- D.P.P. [2007] IESC 3 (29 January 2007)

The Supreme Court held that although the absence of the nurse was significant, the probable availability of the essence of her evidence from other sources was sufficient to avoid the inference of a real or serious risk of an unfair trial. Therefore, the applicant was not entitled to relief restraining the prosecution.

Citation
[2007] IESC 3
Parties
Applicant/respondent: P. H.; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
29 January 2007
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside; relief refused
Legal Topics
Delay in Prosecution, Right to Fair Trial, Prejudice Due to Unavailable Witness, Sexual Offences Against Children
Criminal Law Constitutional Law Delay in Prosecution Right to Fair Trial Prejudice Due to Unavailable Witness Sexual Offences Against Children

Case Brief

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Parties

P. H.

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether delay in prosecution created a real or serious risk of an unfair trial for the applicant due to the unavailability of a key witness (district nurse)

Ratio Decidendi

The Supreme Court held that although the absence of the nurse was significant, the probable availability of the essence of her evidence from other sources was sufficient to avoid the inference of a real or serious risk of an unfair trial. Therefore, the applicant was not entitled to relief restraining the prosecution.

Court Disposition

Appeal allowed; High Court order set aside; relief refused

Orders

  • The appeal is allowed.
  • The order of the High Court restraining prosecution is set aside.