vattekaden -v- The Director of Public Prosecutions [2016] IECA 205 (07 July 2016)

vattekaden -v- The Director of Public Prosecutions [2016] IECA 205 (07 July 2016)

Applicant’s constitutional right to effective cross-examination and fair trial would be compromised unless the identity of persons alleged to have abused the complainant in 1993 and 1999 is disclosed in advance; failure to provide such material would give rise to a real risk of an unfair trial.

Citation
[2016] IECA 205
Parties
Applicant: Antony Babu Vattekaden; Respondents: The Director of Public Prosecutions, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
07 July 2016
Procedural Posture
Judicial Review / Appeal From High Court Decision
Outcome
Allow and set aside
Legal Topics
Disclosure, Sexual Offences, Fair Trial, Cross Examination, Credibility
Criminal Law Constitutional Law Evidence Disclosure Sexual Offences Fair Trial Cross Examination Credibility

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Parties

Antony Babu Vattekaden

Applicant

The Director of Public Prosecutions, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Appeal From High Court Decision

Legal Issues

  1. 1 Whether an accused is entitled to disclosure of the identity of persons against whom a complainant previously made allegations of sexual assault for the purpose of effective cross-examination and fair trial.
  2. 2 Whether failure to disclose such information gives rise to a real risk of an unfair trial warranting prohibition of prosecution.

Ratio Decidendi

Applicant’s constitutional right to effective cross-examination and fair trial would be compromised unless the identity of persons alleged to have abused the complainant in 1993 and 1999 is disclosed in advance; failure to provide such material would give rise to a real risk of an unfair trial.

Court Disposition

Allow and set aside

Orders

  • Order staying prosecution unless complainant discloses identity of persons alleged to have abused her in 1993 and 1999 within three months; if disclosed, stay lifted and prosecution proceeds; if not, stay becomes permanent.