Patrick Enright v Director of Public Prosecutions and Judge Carroll Moran [2012] IESC 54 (26 October 2012)

Patrick Enright v Director of Public Prosecutions and Judge Carroll Moran [2012] IESC 54 (26 October 2012)

Blameworthy prosecutorial and systemic delay occurred, but absent actual prejudice to the applicant's defence, loss of liberty, or demonstrated stress, and given the documentary nature of the case, the balance of interests favours allowing the prosecution to proceed; prior compensation before the ECtHR resolved Convention-based claims and does not require prohibition of the trial under Irish law.

Citation
[2012] IESC 54
Parties
Applicant/appellant: Patrick Enright; Respondent: Director of Public Prosecutions; Respondent: Judge Carroll Moran
Jurisdiction
Ireland
Judgment Date
26 October 2012
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Prosecutorial Delay, Systemic Delay, Right to Fair Trial, Right to Expeditious Trial, Res Judicata, European Convention on Human Rights, Prohibition of Trial
Criminal Law Constitutional Law Human Rights Law Prosecutorial Delay Systemic Delay Right to Fair Trial Right to Expeditious Trial Res Judicata +2 more

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Parties

Patrick Enright

Applicant/appellant

Director of Public Prosecutions

Respondent

Judge Carroll Moran

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether prosecutorial and systemic delay warranted prohibition of the applicant's criminal trial
  2. 2 Whether the applicant's right to a fair and expeditious trial was breached under Irish law and the European Convention on Human Rights
  3. 3 Whether prior compensation before the ECtHR precluded further relief

Ratio Decidendi

Blameworthy prosecutorial and systemic delay occurred, but absent actual prejudice to the applicant's defence, loss of liberty, or demonstrated stress, and given the documentary nature of the case, the balance of interests favours allowing the prosecution to proceed; prior compensation before the ECtHR resolved Convention-based claims and does not require prohibition of the trial under Irish law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • High Court judgment upheld