Dundon -v- The Members of the Special Criminal Court [2013] IEHC 241 (31 May 2013)

Dundon -v- The Members of the Special Criminal Court [2013] IEHC 241 (31 May 2013)

The Special Criminal Court's refusal to adjourn was based on compelling evidence of ongoing risk to a key witness and a finding that any risk to a fair trial could be addressed during the trial. There was no real risk of an unfair trial established, and the conclusions of the Special Criminal Court were rational and unchallengeable on judicial review.

Citation
[2013] IEHC 241
Parties
Applicant: John Dundon; Respondents: The Members of the Special Criminal Court
Jurisdiction
Ireland
Judgment Date
31 May 2013
Procedural Posture
Judicial Review / Application for Leave to Seek Certiorari
Outcome
Leave to apply for judicial review refused
Legal Topics
Adjournment of Trial, Disclosure Obligations, Right to Fair Trial, Balancing of Rights
Criminal Law Judicial Review Adjournment of Trial Disclosure Obligations Right to Fair Trial Balancing of Rights

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Parties

John Dundon

Applicant

The Members of the Special Criminal Court

Respondents

Procedural Posture

Judicial Review / Application for Leave to Seek Certiorari

Legal Issues

  1. 1 Whether the Special Criminal Court erred in refusing to adjourn the applicant's trial
  2. 2 Whether the volume and timing of disclosure prevented a fair trial
  3. 3 Whether the Special Criminal Court improperly balanced the right to life of a witness against the applicant's right to a fair trial

Ratio Decidendi

The Special Criminal Court's refusal to adjourn was based on compelling evidence of ongoing risk to a key witness and a finding that any risk to a fair trial could be addressed during the trial. There was no real risk of an unfair trial established, and the conclusions of the Special Criminal Court were rational and unchallengeable on judicial review.

Court Disposition

Leave to apply for judicial review refused