O'Brien -v- DPP [2008] IESC 67 (16 December 2008)

O'Brien -v- DPP [2008] IESC 67 (16 December 2008)

Given the animosity between the applicant and the witnesses, and the lost evidence's potential to affect the credibility of those witnesses, there is a real risk of an unfair trial which cannot be avoided by trial judge directions. The High Court's order restraining prosecution is affirmed.

Citation
[2008] IESC 67
Parties
Applicant/respondent: Garrett O'Brien; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
16 December 2008
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Restraining Prosecution
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Lost Evidence, Right to Fair Trial, Disclosure Obligations, Judicial Review, Prejudice and Animosity Between Parties
Criminal Law Constitutional Law Lost Evidence Right to Fair Trial Disclosure Obligations Judicial Review Prejudice and Animosity Between Parties

Case Brief

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Parties

Garrett O'Brien

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Restraining Prosecution

Legal Issues

  1. 1 Whether the loss of a piece of evidence (a note with a car registration number) creates a real risk of an unfair trial
  2. 2 Whether the absence of the note deprives the accused of a fair opportunity to challenge the credibility of a prosecution witness

Ratio Decidendi

Given the animosity between the applicant and the witnesses, and the lost evidence's potential to affect the credibility of those witnesses, there is a real risk of an unfair trial which cannot be avoided by trial judge directions. The High Court's order restraining prosecution is affirmed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Prosecution restrained; applicant not to be tried on the charges arising from the incident of 24 August 2003