O'D. -v- D. P. P. & Anor [2009] IEHC 559 (17 December 2009)

O'D. -v- D. P. P. & Anor [2009] IEHC 559 (17 December 2009)

The order permitting video link evidence was quashed because the Circuit Court did not apply the correct legal test; the evidence did not establish that viva voce evidence would be an insuperable obstacle for the complainants, and permitting video link in these circumstances created a real risk of unfairness to the accused.

Citation
[2009] IEHC 559
Parties
Applicant: D. O’D.; First Respondent: Director of Public Prosecutions; Second Respondent: Judge Patricia Ryan
Jurisdiction
Ireland
Judgment Date
17 December 2009
Procedural Posture
Judicial Review / Judgment on Application for Certiorari and Injunction
Outcome
Order of certiorari granted; impugned order quashed; matter remitted for rehearing.
Legal Topics
Video Link Evidence, Fair Trial Rights, Sexual Offences, Mental Impairment, Judicial Discretion
Criminal Law Evidence Judicial Review Video Link Evidence Fair Trial Rights Sexual Offences Mental Impairment Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

D. O’D.

Applicant

Director of Public Prosecutions

First Respondent

Judge Patricia Ryan

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari and Injunction

Legal Issues

  1. 1 Whether permitting complainants to give evidence by video link creates a real risk of unfair trial by implying mental impairment to the jury
  2. 2 What is the correct legal test for allowing video link evidence under s.13(1)(b) of the Criminal Evidence Act 1992

Ratio Decidendi

The order permitting video link evidence was quashed because the Circuit Court did not apply the correct legal test; the evidence did not establish that viva voce evidence would be an insuperable obstacle for the complainants, and permitting video link in these circumstances created a real risk of unfairness to the accused.

Court Disposition

Order of certiorari granted; impugned order quashed; matter remitted for rehearing.

Orders

  • Order of certiorari quashing the Circuit Court order permitting video link evidence.
  • Matter remitted to the Circuit Court for rehearing of the application under s.13 of the Criminal Evidence Act 1992.