MacCarthaigh v. Eire [1998] IESC 11; [1999] 1 IR 186 (15th July, 1998)

MacCarthaigh v. Eire [1998] IESC 11; [1999] 1 IR 186 (15th July, 1998)

Requiring a jury to be composed solely of Irish speakers would exclude the majority of the community from jury service, violating the constitutional requirement that a jury be representative. The use of interpreters, despite its imperfections, is constitutionally permissible and necessary in the current context.

Citation
[1998] IESC 11
Parties
Applicant/appellant: Ruairí MacCárthaigh; Respondents: Éire, An t-Ard Aighne agus Stiurthóir na n-Ionchúiseamh Poiblí
Jurisdiction
Ireland
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing Judicial Review
Outcome
Appeal dismissed
Legal Topics
Right to Jury Trial, Language of Trial, Jury Representativeness, Use of Interpreters
Constitutional Law Criminal Law Language Rights Right to Jury Trial Language of Trial Jury Representativeness Use of Interpreters

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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ruairí MacCárthaigh

Applicant/appellant

Éire, An t-Ard Aighne agus Stiurthóir na n-Ionchúiseamh Poiblí

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing Judicial Review

Legal Issues

  1. 1 Whether an accused is constitutionally entitled to a jury fully competent in the Irish language without interpreter assistance
  2. 2 Whether restricting jury service to Irish speakers violates the constitutional requirement of a representative jury

Ratio Decidendi

Requiring a jury to be composed solely of Irish speakers would exclude the majority of the community from jury service, violating the constitutional requirement that a jury be representative. The use of interpreters, despite its imperfections, is constitutionally permissible and necessary in the current context.

Court Disposition

Appeal dismissed

Orders

  • Appeal refused; High Court order affirmed; no entitlement to a jury composed solely of Irish speakers