Hughes v. Garavan & Anor [2003] IESC 65 (17 December 2003)

Hughes v. Garavan & Anor [2003] IESC 65 (17 December 2003)

Once the District Court judge has proceeded to submissions under section 7 of the Criminal Procedure Act, 1967, it is not open to admit further evidence under section 6(4); doing so exceeds statutory jurisdiction and renders the return for trial on that charge liable to be quashed by certiorari.

Citation
[2003] IESC 65
Parties
Applicant/appellant: Fionn Hughes; First Respondent: Judge John Garavan; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
17 December 2003
Procedural Posture
Judicial Review (appeal) / Supreme Court Appeal From High Court Refusal of Reliefs in Judicial Review
Outcome
Appeal allowed; order of certiorari granted
Legal Topics
Preliminary Examination Procedure, Jurisdiction of District Court, Statutory Interpretation, Natural Justice, Certiorari, Criminal Procedure Act 1967, Misuse of Drugs Act, Service of Additional Evidence
Criminal Law Judicial Review Procedural Law Preliminary Examination Procedure Jurisdiction of District Court Statutory Interpretation Natural Justice Certiorari +3 more

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Parties

Fionn Hughes

Applicant/appellant

Judge John Garavan

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review (appeal) / Supreme Court Appeal From High Court Refusal of Reliefs in Judicial Review

Legal Issues

  1. 1 Whether the District Court judge exceeded statutory jurisdiction by admitting additional evidence after submissions under section 7 of the Criminal Procedure Act, 1967
  2. 2 Whether the procedure adopted breached natural justice
  3. 3 Whether certiorari should issue to quash the return for trial on the eighth charge

Ratio Decidendi

Once the District Court judge has proceeded to submissions under section 7 of the Criminal Procedure Act, 1967, it is not open to admit further evidence under section 6(4); doing so exceeds statutory jurisdiction and renders the return for trial on that charge liable to be quashed by certiorari.

Court Disposition

Appeal allowed; order of certiorari granted

Orders

  • Order of the High Court refusing reliefs set aside
  • Order of certiorari quashing the District Court's return for trial on the eighth charge