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 the Oireachtas may preclude a right of appeal from preliminary decisions such as venue transfer orders, and the presumption of constitutionality has not been rebutted.

Citation
[1999] 2 IR 1
Parties
Applicant: Applicant; First Named Respondent: Judge Murphy
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Right of Appeal, Venue Transfer, Presumption of Constitutionality
Constitutional Law Criminal Procedure Right of Appeal Venue Transfer 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 / Final Judgment

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 the Oireachtas may preclude a right of appeal from preliminary decisions such as venue transfer orders, and the presumption of constitutionality has not been rebutted.

Court Disposition

Application for judicial review refused

Orders

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