Donnellan -v- Judges of the Dublin Circuit Criminal Court & anor [2014] IEHC 158 (28 March 2014)

Donnellan -v- Judges of the Dublin Circuit Criminal Court & anor [2014] IEHC 158 (28 March 2014)

The applicant failed to discharge the onus of proof to establish a real and substantial risk of an unfair trial arising from the loss of evidence, as forensic analysis had been conducted and results preserved, and the defence retained the ability to challenge the prosecution's evidence at trial.

Citation
[2014] IEHC 158
Parties
Applicant: Gary Donnellan; First Respondent: Judges of the Dublin Circuit Criminal Court; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
28 March 2014
Procedural Posture
Judicial Review / Judgment on Application to Prohibit Criminal Trial
Outcome
Relief refused; application to prohibit trial dismissed.
Legal Topics
Lost Evidence, Right to Fair Trial, Preservation of Evidence, Prohibition of Criminal Trial
Criminal Law Judicial Review Lost Evidence Right to Fair Trial Preservation of Evidence Prohibition of Criminal Trial

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Parties

Gary Donnellan

Applicant

Judges of the Dublin Circuit Criminal Court

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application to Prohibit Criminal Trial

Legal Issues

  1. 1 Whether the loss of physical evidence (bottles and related items) creates a real risk of an unfair trial justifying prohibition of the applicant's criminal trial.

Ratio Decidendi

The applicant failed to discharge the onus of proof to establish a real and substantial risk of an unfair trial arising from the loss of evidence, as forensic analysis had been conducted and results preserved, and the defence retained the ability to challenge the prosecution's evidence at trial.

Court Disposition

Relief refused; application to prohibit trial dismissed.