R.C. -v- DPP [2009] IESC 32 (01 April 2009)

R.C. -v- DPP [2009] IESC 32 (01 April 2009)

The prosecution's failure to seek and disclose the complainant's telephone records, combined with the entrenched relevance of such evidence in the investigation and trial, created a real risk of an unfair trial that could not be remedied by trial judge directions. The delay in prosecution further prejudiced the appellant.

Citation
[2009] IESC 32
Parties
Applicant/appellant: R. C.; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
01 April 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal
Outcome
Appeal allowed; High Court order set aside; prosecution prohibited.
Legal Topics
Disclosure of Evidence, Lost Evidence, Fair Trial, Delay in Prosecution
Criminal Law Evidence Judicial Review Disclosure of Evidence Lost Evidence Fair Trial Delay in Prosecution

Case Brief

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Parties

R. C.

Applicant/appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal

Legal Issues

  1. 1 Whether the absence of complainant's telephone records creates a real risk of an unfair trial
  2. 2 Whether the prosecution had a duty to seek and disclose both parties' telephone records
  3. 3 Whether delay in prosecution prejudiced the appellant

Ratio Decidendi

The prosecution's failure to seek and disclose the complainant's telephone records, combined with the entrenched relevance of such evidence in the investigation and trial, created a real risk of an unfair trial that could not be remedied by trial judge directions. The delay in prosecution further prejudiced the appellant.

Court Disposition

Appeal allowed; High Court order set aside; prosecution prohibited.

Orders

  • Order restraining the Director of Public Prosecutions from proceeding with the prosecutions.