Kelly -v- Byrne [2013] IEHC 450 (07 October 2013)

Kelly -v- Byrne [2013] IEHC 450 (07 October 2013)

Where a document has been opened without restriction in open court, it forms part of the public record and, subject to exceptions, is accessible to the public and relevant authorities, including the Director of Public Prosecutions, for use in subsequent proceedings.

Citation
[2013] IEHC 450
Parties
Plaintiff: John Kelly; Defendant: Thomas Byrne; Applicant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
07 October 2013
Procedural Posture
Civil / Application for Production of Statement in Ongoing Proceedings
Outcome
application granted
Legal Topics
Open Justice, Access to Court Documents, Admissibility of Evidence, Public Record, Prosecution Access to Civil Proceedings
Criminal Law Civil Procedure Constitutional Law Open Justice Access to Court Documents Admissibility of Evidence Public Record Prosecution Access to Civil Proceedings

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Parties

John Kelly

Plaintiff

Thomas Byrne

Defendant

Director of Public Prosecutions

Applicant

Procedural Posture

Civil / Application for Production of Statement in Ongoing Proceedings

Legal Issues

  1. 1 Whether the Director of Public Prosecutions is entitled to access a statement made by a litigant in civil proceedings for use in a subsequent criminal prosecution when that statement was opened in open court.

Ratio Decidendi

Where a document has been opened without restriction in open court, it forms part of the public record and, subject to exceptions, is accessible to the public and relevant authorities, including the Director of Public Prosecutions, for use in subsequent proceedings.

Court Disposition

application granted

Orders

  • The Courts Service is directed to provide the Director of Public Prosecutions with a copy of the statement made by Mr. Byrne in the course of these proceedings, assuming a copy is retained on the court file.