McNulty -v- DPP [2009] IESC 12 (18 February 2009)

McNulty -v- DPP [2009] IESC 12 (18 February 2009)

The Supreme Court held that the issues raised by the applicant regarding admissibility of evidence and alleged abuse of process are matters for the trial judge at the retrial, not for judicial review. The prior rulings of the High Court and Circuit Court are not binding on the retrial judge, and the issues are moot as the first trial ended without a verdict. The applicant is not entitled to a declaration of acquittal or to prohibition of the retrial on these grounds.

Citation
[2009] IESC 12
Parties
Applicant/appellant: Fergal McNulty; Respondent: Director of Public Prosecutions; Notice Party: His Honour Judge Michael White
Jurisdiction
Ireland
Judgment Date
18 February 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Relief
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Abuse of Process, Admissibility of Evidence, Search Warrants, Retrial Procedure, Prohibition, Certiorari
Criminal Law Judicial Review Constitutional Law Abuse of Process Admissibility of Evidence Search Warrants Retrial Procedure Prohibition +1 more

Case Brief

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Parties

Fergal McNulty

Applicant/appellant

Director of Public Prosecutions

Respondent

His Honour Judge Michael White

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Relief

Legal Issues

  1. 1 Whether judicial review is appropriate to challenge admissibility of evidence in advance of criminal retrial
  2. 2 Whether serving additional evidence after a jury disagreement constitutes an abuse of process
  3. 3 Whether the High Court's or Circuit Court's rulings on admissibility bind the retrial judge

Ratio Decidendi

The Supreme Court held that the issues raised by the applicant regarding admissibility of evidence and alleged abuse of process are matters for the trial judge at the retrial, not for judicial review. The prior rulings of the High Court and Circuit Court are not binding on the retrial judge, and the issues are moot as the first trial ended without a verdict. The applicant is not entitled to a declaration of acquittal or to prohibition of the retrial on these grounds.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • No judicial review relief granted