DPP -v- Perry Wharrie [2013] IECCA 20 (19 April 2013)

DPP -v- Perry Wharrie [2013] IECCA 20 (19 April 2013)

The Court held that the publication of the newspaper article did not create a real risk of an unfair trial given its limited nature, lack of prominence, and absence of evidence that any juror saw it; the trial judge properly exercised discretion in refusing to discharge the jury. The search warrant issued by the peace commissioner was valid as the commissioner acted independently and on sufficient information. DNA evidence was properly admitted as the risk of contamination or tampering was negatived beyond reasonable doubt. Evidence of the use of a false passport was admissible as it was probative of the appellant's involvement. The CCTV evidence, even if not shown as alleged, was not...

Citation
[2013] IECCA 20
Parties
Prosecutor/respondent: Director of Public Prosecutions; Respondent/appellant: Perry Wharrie
Jurisdiction
Ireland
Judgment Date
19 April 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed; conviction affirmed
Legal Topics
Jury Prejudice, Admissibility of Evidence, Search Warrants, DNA Evidence, Use of False Passports, CCTV Evidence, Prosecutorial Conduct
Criminal Law Jury Prejudice Admissibility of Evidence Search Warrants DNA Evidence Use of False Passports CCTV Evidence Prosecutorial Conduct

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Perry Wharrie

Respondent/appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether prejudicial media coverage warranted discharge of the jury and rendered the trial unfair
  2. 2 Whether evidence obtained under a search warrant issued by a peace commissioner was admissible
  3. 3 Whether DNA evidence was properly admitted given alleged failures in handling and storage

Ratio Decidendi

The Court held that the publication of the newspaper article did not create a real risk of an unfair trial given its limited nature, lack of prominence, and absence of evidence that any juror saw it; the trial judge properly exercised discretion in refusing to discharge the jury. The search warrant issued by the peace commissioner was valid as the commissioner acted independently and on sufficient information. DNA evidence was properly admitted as the risk of contamination or tampering was negatived beyond reasonable doubt. Evidence of the use of a false passport was admissible as it was probative of the appellant's involvement. The CCTV evidence, even if not shown as alleged, was not...

Court Disposition

appeal dismissed; conviction affirmed