B.J. -v- DPP [2007] IESC 18 (01 May 2007)

B.J. -v- DPP [2007] IESC 18 (01 May 2007)

The applicant failed to establish that the delay, whether in complaint or prosecution, resulted in a real or serious risk of an unfair trial or that any prejudice suffered justified prohibition; the High Court's refusal to prohibit the trial was correct.

Citation
[2007] IESC 18
Parties
Applicant/appellant: B. J.; Respondent: Director of Public Prosecutions; Notice Party: Judge Thomas Ballagh
Jurisdiction
Ireland
Judgment Date
01 May 2007
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Prohibition Order
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Prejudice Due to Delay, Sexual Offences, Prohibition of Criminal Trial
Criminal Law Constitutional Law Judicial Review Prosecutorial Delay Right to Fair Trial Prejudice Due to Delay Sexual Offences Prohibition of Criminal Trial

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Parties

B. J.

Applicant/appellant

Director of Public Prosecutions

Respondent

Judge Thomas Ballagh

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Prohibition Order

Legal Issues

  1. 1 Whether delay in prosecution violated applicant's right to fair trial under Article 38.1 of the Constitution
  2. 2 Whether prosecutorial delay warranted prohibition of trial
  3. 3 Whether prejudice from delay justified prohibition of trial

Ratio Decidendi

The applicant failed to establish that the delay, whether in complaint or prosecution, resulted in a real or serious risk of an unfair trial or that any prejudice suffered justified prohibition; the High Court's refusal to prohibit the trial was correct.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Application for prohibition of trial refused
  • Appeal dismissed