Whelton -v- DJ O'Leary & anor [2010] IESC 63 (21 December 2010)

Whelton -v- DJ O'Leary & anor [2010] IESC 63 (21 December 2010)

Even if there was a delay in charging the appellant after rearrest, it did not deprive the District Court of jurisdiction in the absence of a deliberate and conscious violation of constitutional rights. The gardaí's failure to preserve the entire CCTV footage did not create a real risk of an unfair trial, as only...

Source-derived case information.

Citation
[2010] IESC 63
Parties
Applicant/appellant: Oliver Whelton; Respondent: District Judge Constantine O’Leary; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
21 December 2010
Procedural Posture
Judicial Review (certiorari) of Criminal Conviction / Supreme Court Appeal From High Court Refusal of Relief
Outcome
appeal dismissed
Legal Topics
Unlawful Detention, Jurisdiction of District Court, Admissibility of Evidence, Duty to Preserve Evidence, Interpretation of 'forthwith' in Arrest and Charge Procedures
Criminal Law Judicial Review Evidence Law Unlawful Detention Jurisdiction of District Court Admissibility of Evidence Duty to Preserve Evidence Interpretation of 'forthwith' in Arrest and Charge Procedures

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Summary, issues, holding and outcome

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Parties

Oliver Whelton

Applicant/appellant

District Judge Constantine O’Leary

Respondent

Director of Public Prosecutions

Notice Party

Procedural Posture

Judicial Review (certiorari) of Criminal Conviction / Supreme Court Appeal From High Court Refusal of Relief

Legal Issues

  1. 1 Whether failure to charge the appellant 'forthwith' after rearrest under s.10(2) Criminal Justice Act 1984 rendered the District Court without jurisdiction and the detention unlawful
  2. 2 Whether failure by gardaí to preserve and disclose the complete CCTV footage deprived the appellant of a fair trial

Ratio Decidendi

Even if there was a delay in charging the appellant after rearrest, it did not deprive the District Court of jurisdiction in the absence of a deliberate and conscious violation of constitutional rights. The gardaí's failure to preserve the entire CCTV footage did not create a real risk of an unfair trial, as only relevant incriminating footage was retained and there was no evidence that the missing footage would have exculpated the appellant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order of the High Court affirmed