Murphy -v- Ireland & ors [2014] IESC 19 (11 March 2014)

Murphy -v- Ireland & ors [2014] IESC 19 (11 March 2014)

Section 46(2) of the Offences Against the State Act 1939 is not repugnant to the Constitution nor incompatible with the European Convention on Human Rights. The Director of Public Prosecutions' decision to issue a certificate under s.46(2) is reviewable only for mala fides, improper motive, or exceptional circumstances. There is no constitutional or convention-based obligation to provide reasons or disclose information for such a decision. The legislative and constitutional framework for trial by Special Criminal Court is valid and does not breach the applicant's rights.

Citation
[2014] IESC 19
Parties
Plaintiff/appellant: Thomas Murphy; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
11 March 2014
Procedural Posture
Constitutional and Statutory Challenge (plenary Proceedings, Appeal) / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Judicial Review of Prosecutorial Discretion, Right to Trial by Jury, Special Criminal Court, Due Process, Disclosure of Reasons, Equality Before the Law, European Convention on Human Rights
Constitutional Law Criminal Law Administrative Law Human Rights Law Judicial Review of Prosecutorial Discretion Right to Trial by Jury Special Criminal Court Due Process +3 more

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Parties

Thomas Murphy

Plaintiff/appellant

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Director of Public Prosecutions

Defendant/respondent

Procedural Posture

Constitutional and Statutory Challenge (plenary Proceedings, Appeal) / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether s.46(2) of the Offences Against the State Act 1939 is repugnant to the Constitution
  2. 2 Whether s.46(2) is incompatible with the European Convention on Human Rights
  3. 3 Whether the Director of Public Prosecutions is obliged to provide reasons or disclose information for issuing a certificate under s.46(2)

Ratio Decidendi

Section 46(2) of the Offences Against the State Act 1939 is not repugnant to the Constitution nor incompatible with the European Convention on Human Rights. The Director of Public Prosecutions' decision to issue a certificate under s.46(2) is reviewable only for mala fides, improper motive, or exceptional circumstances. There is no constitutional or convention-based obligation to provide reasons or disclose information for such a decision. The legislative and constitutional framework for trial by Special Criminal Court is valid and does not breach the applicant's rights.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff's claim dismissed
  • No declaration of unconstitutionality or incompatibility granted