Director of Public Prosecutions -v- Comerford & anor [2014] IECCA 32 (23 July 2014)

Director of Public Prosecutions -v- Comerford & anor [2014] IECCA 32 (23 July 2014)

The necessity to quash the conviction arose wholly from prosecution actions, not from any conduct of the defendants. It is not fair or appropriate to subject the defendants to a retrial when they did not contribute to the unsafe conviction. Background evidence not linked to the accused is inadmissible and its admission led to confusion and prejudice, rendering the trial unsafe.

Citation
[2014] IECCA 32
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Comerford; Defendant: Griffin; Defendant: Brennan
Jurisdiction
Ireland
Judgment Date
23 July 2014
Procedural Posture
Criminal Appeal / Application for Retrial After Conviction Quashed
Outcome
application for retrial refused
Legal Topics
Admissibility of Evidence, Background Evidence, Retrial Procedure, Drug Offences
Criminal Law Admissibility of Evidence Background Evidence Retrial Procedure Drug Offences

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Parties

Director of Public Prosecutions

Prosecutor

Comerford

Defendant

Griffin

Defendant

Brennan

Defendant

Procedural Posture

Criminal Appeal / Application for Retrial After Conviction Quashed

Legal Issues

  1. 1 Whether the Court of Criminal Appeal can amend a perfected order to allow an application for retrial
  2. 2 Whether a retrial should be granted when the necessity for quashing the conviction arose solely from prosecution actions
  3. 3 Admissibility of background evidence not linked to the accused

Ratio Decidendi

The necessity to quash the conviction arose wholly from prosecution actions, not from any conduct of the defendants. It is not fair or appropriate to subject the defendants to a retrial when they did not contribute to the unsafe conviction. Background evidence not linked to the accused is inadmissible and its admission led to confusion and prejudice, rendering the trial unsafe.

Court Disposition

application for retrial refused

Orders

  • Order of 31st March 2014 amended to allow hearing of retrial application
  • Application for retrial refused; convictions quashed; no retrial granted for Comerford and Griffin