O'Regan v. D.P.P. [1999] IESC 59; [2000] 2 ILRM 68 (20th July, 1999)

O'Regan v. D.P.P. [1999] IESC 59; [2000] 2 ILRM 68 (20th July, 1999)

There is no legal obligation on the prosecution in summary proceedings to call or tender for cross-examination all persons who made statements or completed statutory forms; the defence is entitled to call any witness it wishes. The refusal to allow the defence to call Dr Prendiville was an error, but since it was corrected before the conclusion of the trial, prohibition was not warranted.

Citation
[2000] 2 ILRM 68
Parties
Appellant: Appellant; First Named Respondent: Director of Public Prosecutions; Second Named Respondent: Judge Uinsinn MacGruairc
Jurisdiction
Ireland
Procedural Posture
Criminal Appeal and Judicial Review / Supreme Court Appeal From High Court Decision
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Duty to Call Witnesses, Right to Fair Trial, Summary Proceedings, Costs in Judicial Review
Criminal Law Judicial Review Procedural Law Duty to Call Witnesses Right to Fair Trial Summary Proceedings Costs in Judicial Review

Case Brief

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Parties

Appellant

Appellant

Director of Public Prosecutions

First Named Respondent

Judge Uinsinn MacGruairc

Second Named Respondent

Procedural Posture

Criminal Appeal and Judicial Review / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the Director of Public Prosecutions is obliged to call or tender all material witnesses in a criminal prosecution, specifically Dr Prendiville in this case
  2. 2 Whether the District Court judge should have called Dr Prendiville as a witness or allowed the defence to do so
  3. 3 Whether the refusal to allow the defence to call Dr Prendiville constituted a fundamental flaw justifying prohibition of further proceedings

Ratio Decidendi

There is no legal obligation on the prosecution in summary proceedings to call or tender for cross-examination all persons who made statements or completed statutory forms; the defence is entitled to call any witness it wishes. The refusal to allow the defence to call Dr Prendiville was an error, but since it was corrected before the conclusion of the trial, prohibition was not warranted.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Declaration affirming the right of the Appellant to call Dr Prendiville as a witness in the District Court proceedings
  • Refusal of Order of Prohibition