Wall -v- Director of Public Prosecutions [2013] IESC 56 (11 December 2013)

Wall -v- Director of Public Prosecutions [2013] IESC 56 (11 December 2013)

The Supreme Court held that the applicant failed to discharge the onus of proving that the State's failure to preserve the vehicles or to seek fingerprint evidence exposed him to a real risk of an unfair trial. The absence of such evidence did not, in the circumstances, warrant prohibition of the trial, as the issues could be addressed at trial and did not create unavoidable unfairness.

Citation
[2013] IESC 56
Parties
Applicant/appellant: Jason Wall; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
11 December 2013
Procedural Posture
Judicial Review/appeal / Supreme Court Appeal From High Court Dismissal of Application to Prohibit Criminal Trial
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Fair Trial, Lost Evidence, Duty to Preserve Evidence, Prohibition of Criminal Trial, Due Process
Criminal Law Constitutional Law Judicial Review Fair Trial Lost Evidence Duty to Preserve Evidence Prohibition of Criminal Trial Due Process

Case Brief

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Parties

Jason Wall

Applicant/appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review/appeal / Supreme Court Appeal From High Court Dismissal of Application to Prohibit Criminal Trial

Legal Issues

  1. 1 Whether failure by Gardaí to preserve and test physical evidence (cars, steering wheel) and to conduct fingerprint analysis created a real risk of an unfair trial for the accused
  2. 2 Whether the destruction of evidence and lack of forensic testing by the prosecution authorities justified prohibition of the trial

Ratio Decidendi

The Supreme Court held that the applicant failed to discharge the onus of proving that the State's failure to preserve the vehicles or to seek fingerprint evidence exposed him to a real risk of an unfair trial. The absence of such evidence did not, in the circumstances, warrant prohibition of the trial, as the issues could be addressed at trial and did not create unavoidable unfairness.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Application to prohibit trial dismissed
  • Trial may proceed