X v Director of Public Prosecutions [2020] IECA 4 (21 January 2020)

X v Director of Public Prosecutions [2020] IECA 4 (21 January 2020)

The appellant failed to establish that the delay or alleged cumulative prejudice created a real or serious risk of an unfair trial. The absence of witnesses or records did not amount to specific or exceptional prejudice, and the issues raised could be addressed at trial. The High Court was correct in refusing to extend time for judicial review and in refusing the injunction.

Citation
[2020] IECA 4
Parties
Applicant/appellant: X; Respondent/respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
21 January 2020
Procedural Posture
Judicial Review Appeal / Appeal From High Court Refusal of Injunction and Ancillary Reliefs
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Right to Fair Trial, Historical Sexual Abuse, Judicial Review, Extension of Time, Prejudice Due to Delay
Criminal Law Constitutional Law Delay in Prosecution Right to Fair Trial Historical Sexual Abuse Judicial Review Extension of Time Prejudice Due to Delay

Case Brief

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Parties

X

Applicant/appellant

The Director of Public Prosecutions

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Appeal From High Court Refusal of Injunction and Ancillary Reliefs

Legal Issues

  1. 1 Whether the High Court erred in refusing to extend time for judicial review
  2. 2 Whether the delay in prosecution created a real risk of an unfair trial
  3. 3 Whether cumulative prejudice justified prohibiting the trial

Ratio Decidendi

The appellant failed to establish that the delay or alleged cumulative prejudice created a real or serious risk of an unfair trial. The absence of witnesses or records did not amount to specific or exceptional prejudice, and the issues raised could be addressed at trial. The High Court was correct in refusing to extend time for judicial review and in refusing the injunction.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed.