McHugh -v- DPP [2009] IESC 15 (24 February 2009)

McHugh -v- DPP [2009] IESC 15 (24 February 2009)

The absence of the original CCTV footage, which is central to the prosecution's case and identification of the accused, creates a real risk to the fairness of the trial as the defence cannot test the identification evidence. Therefore, the trial should be prohibited.

Citation
[2009] IESC 15
Parties
Respondent/applicant: Donal McHugh; Appellant/respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
24 February 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed prohibiting trial
Legal Topics
Missing Evidence, Right to Fair Trial, Disclosure, Identification Evidence
Criminal Law Evidence Judicial Review Missing Evidence Right to Fair Trial Disclosure Identification Evidence

Case Brief

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Parties

Donal McHugh

Respondent/applicant

Director of Public Prosecutions

Appellant/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the absence of original CCTV footage creates a real risk of an unfair trial for the accused
  2. 2 Whether reliance on witness recollection and still photographs is sufficient for a fair trial

Ratio Decidendi

The absence of the original CCTV footage, which is central to the prosecution's case and identification of the accused, creates a real risk to the fairness of the trial as the defence cannot test the identification evidence. Therefore, the trial should be prohibited.

Court Disposition

Appeal dismissed; High Court order affirmed prohibiting trial

Orders

  • Appeal dismissed
  • Order of the High Court affirmed prohibiting the trial of the respondent