Matthews & Anor -v- D.P.P. [2007] IEHC 433 (14 December 2007)

Matthews & Anor -v- D.P.P. [2007] IEHC 433 (14 December 2007)

Although Gardaí failed in their duty to promptly seek and preserve potentially relevant video evidence, the applicants did not discharge the onus of proving that the absence of such evidence created a real and substantial risk of an unfair trial. The applicants' case rested on hypotheses rather than probabilities,...

Source-derived case information.

Citation
[2007] IEHC 433
Parties
Applicant: Ciaran Matthews; Applicant/plaintiff: David Matthews; Respondent/defendant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
14 December 2007
Procedural Posture
Judicial Review / High Court Judgment on Application for Prohibition of Criminal Trial
Outcome
Application for judicial review refused
Legal Topics
Prohibition of Criminal Trial, Preservation of Evidence, Right to Fair Trial, Disclosure Obligations, Loss of Evidence
Criminal Law Judicial Review Prohibition of Criminal Trial Preservation of Evidence Right to Fair Trial Disclosure Obligations Loss of Evidence

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Parties

Ciaran Matthews

Applicant

David Matthews

Applicant/plaintiff

Director of Public Prosecutions

Respondent/defendant

Procedural Posture

Judicial Review / High Court Judgment on Application for Prohibition of Criminal Trial

Legal Issues

  1. 1 Whether failure by Gardaí to seek and preserve CCTV evidence warranted prohibition of criminal trial
  2. 2 Whether absence of video evidence created a real risk of unfair trial

Ratio Decidendi

Although Gardaí failed in their duty to promptly seek and preserve potentially relevant video evidence, the applicants did not discharge the onus of proving that the absence of such evidence created a real and substantial risk of an unfair trial. The applicants' case rested on hypotheses rather than probabilities, and the evidence did not establish that the missing footage would likely have exculpated them or materially affected the fairness of the trial.

Court Disposition

Application for judicial review refused

Orders

  • Refusal of prohibition of criminal trial
  • No order for prohibition; trial to proceed