Geaney v. D.P.P. [1999] IEHC 53; [2000] 1 IR 412 (8th December, 1999)

Geaney v. D.P.P. [1999] IEHC 53; [2000] 1 IR 412 (8th December, 1999)

There is no legal obligation on the prosecution in summary proceedings to procure the attendance or tender for examination a witness such as Michael Houlihan, provided the applicant is given all information in the prosecution's possession regarding the witness and a reasonable opportunity to secure his attendance....

Source-derived case information.

Citation
[1999] IEHC 53
Parties
Applicant: John Geaney; First Respondent: Director of Public Prosecutions; Second Respondent: Judge John Connellan
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment on Application for Order Prohibiting Prosecution Without Attendance of Witness
Outcome
Application refused
Legal Topics
Prosecution's Duty to Call Witnesses, Right to Fair Trial, Disclosure of Evidence, Summary Proceedings
Criminal Law Constitutional Law Procedural Law Prosecution's Duty to Call Witnesses Right to Fair Trial Disclosure of Evidence Summary Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Geaney

Applicant

Director of Public Prosecutions

First Respondent

Judge John Connellan

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Order Prohibiting Prosecution Without Attendance of Witness

Legal Issues

  1. 1 Whether the prosecution is obliged to procure the attendance or tender for examination a witness whose evidence may assist the defence in summary proceedings
  2. 2 Whether failure to secure the attendance of such a witness violates the applicant's right to fair procedures and a fair trial

Ratio Decidendi

There is no legal obligation on the prosecution in summary proceedings to procure the attendance or tender for examination a witness such as Michael Houlihan, provided the applicant is given all information in the prosecution's possession regarding the witness and a reasonable opportunity to secure his attendance. The prosecution may proceed in the absence of the witness if these conditions are met.

Court Disposition

Application refused

Orders

  • Reliefs sought by the applicant are refused