Grogan -v- Judges of the Circuit Criminal Ct & Anor [2007] IEHC 99 (28 July 2006)

Grogan -v- Judges of the Circuit Criminal Ct & Anor [2007] IEHC 99 (28 July 2006)

The prosecutorial delay was excessive and inexcusable, depriving the applicant of a trial with reasonable expedition. Such delay, even absent actual or presumed prejudice, entitles the applicant to an order of prohibition preventing prosecution.

Citation
[2007] IEHC 99
Parties
Applicant: Anthony Grogan; First Named Respondent: Judges of the Circuit Criminal Court; Second Named Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
28 July 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Order of prohibition granted against the second named respondent; no order against the first named respondent.
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Extradition, Waiver of Speciality, Order of Prohibition
Criminal Law Judicial Review Extradition Law Prosecutorial Delay Right to Fair Trial Extradition Waiver of Speciality Order of Prohibition

Case Brief

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Parties

Anthony Grogan

Applicant

Judges of the Circuit Criminal Court

First Named Respondent

Director of Public Prosecutions

Second Named Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether prosecutorial delay was inordinate and inexcusable
  2. 2 Whether such delay entitled the applicant to an order of prohibition preventing prosecution
  3. 3 Whether the failure to include all charges in the extradition process prejudiced the applicant

Ratio Decidendi

The prosecutorial delay was excessive and inexcusable, depriving the applicant of a trial with reasonable expedition. Such delay, even absent actual or presumed prejudice, entitles the applicant to an order of prohibition preventing prosecution.

Court Disposition

Order of prohibition granted against the second named respondent; no order against the first named respondent.

Orders

  • Order of prohibition to issue against the Director of Public Prosecutions preventing prosecution of the applicant on Bill of Indictment 815/02.
  • No order to issue against the Judges of the Circuit Criminal Court.