Todd v. Murphy [1998] IEHC 76; [1999] 2 IR 1 (15th May, 1998)

Todd v. Murphy [1998] IEHC 76; [1999] 2 IR 1 (15th May, 1998)

Section 32 of the Courts and Court Officers Act, 1995 is not unconstitutional as it is within the Oireachtas' power to preclude a right of appeal from a preliminary decision of a trial judge regarding venue, and Article 34.3.4 does not require a right of appeal from every such decision.

Citation
[1998] IEHC 76
Parties
Applicant: Applicant; First Named Respondent: Judge Murphy
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment After Leave Granted and Full Hearing
Outcome
Application refused
Legal Topics
Right of Appeal, Venue of Criminal Trials, Presumption of Constitutionality
Constitutional Law Criminal Procedure Right of Appeal Venue of Criminal Trials Presumption of Constitutionality

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Judge Murphy

First Named Respondent

Procedural Posture

Judicial Review / Judgment After Leave Granted and Full Hearing

Legal Issues

  1. 1 Whether Section 32 of the Courts and Court Officers Act, 1995 is unconstitutional for precluding an appeal from a Circuit Court order refusing to transfer a criminal trial venue
  2. 2 Whether the Circuit Court Judge erred in refusing to transfer the trial due to alleged prejudicial publicity

Ratio Decidendi

Section 32 of the Courts and Court Officers Act, 1995 is not unconstitutional as it is within the Oireachtas' power to preclude a right of appeal from a preliminary decision of a trial judge regarding venue, and Article 34.3.4 does not require a right of appeal from every such decision.

Court Disposition

Application refused

Orders

  • Judicial review refused
  • Section 32 of the Courts and Court Officers Act, 1995 held constitutional