Murphy -v- DPP [2009] IESC 53 (14 July 2009)

Murphy -v- DPP [2009] IESC 53 (14 July 2009)

There was no blameworthy or prejudicial delay in the prosecution of the conspiracy charge, nor did the applicant's memory impairment preclude a fair trial. However, the prolonged dormancy of the membership charge rendered a fair trial impossible, justifying an injunction against prosecution on that count.

Citation
[2009] IESC 53
Parties
Applicant/appellant: Colm Murphy; Respondents: Director of Public Prosecutions, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
14 July 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Injunction
Outcome
Appeal dismissed in respect of conspiracy count; appeal allowed in respect of membership count.
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Article 6 ECHR, Judicial Review, Unlawful Organisation Membership, Conspiracy to Cause Explosion
Criminal Law Constitutional Law Human Rights Law Prosecutorial Delay Right to Fair Trial Article 6 ECHR Judicial Review Unlawful Organisation Membership +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Colm Murphy

Applicant/appellant

Director of Public Prosecutions, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Injunction

Legal Issues

  1. 1 Whether prosecutorial or systemic delay warranted prohibition of retrial on conspiracy charge
  2. 2 Whether delay and dormancy of membership charge warranted prohibition of trial
  3. 3 Whether applicant's memory impairment precluded a fair trial

Ratio Decidendi

There was no blameworthy or prejudicial delay in the prosecution of the conspiracy charge, nor did the applicant's memory impairment preclude a fair trial. However, the prolonged dormancy of the membership charge rendered a fair trial impossible, justifying an injunction against prosecution on that count.

Court Disposition

Appeal dismissed in respect of conspiracy count; appeal allowed in respect of membership count.

Orders

  • Injunction granted restraining prosecution of membership charge.
  • No prohibition or injunction in respect of conspiracy charge.