J.F. -v- Judge Reilly & anor [2007] IESC 32 (26 July 2007)

J.F. -v- Judge Reilly & anor [2007] IESC 32 (26 July 2007)

The deposition procedure under the Criminal Procedure Act, 1967 cannot be used to obtain third party documents not in the possession of the prosecution. The obligation of the prosecution to disclose documents does not extend to documents not within its possession or control. The application for judicial review was correctly refused as the appellant was not entitled to the documents sought through the deposition process.

Citation
[2007] IESC 32
Parties
Applicant/appellant: J. F.; Respondent: Judge Michael Reilly; Respondent: Director of Public Prosecutions; Notice Party: Midland Health Board
Jurisdiction
Ireland
Judgment Date
26 July 2007
Procedural Posture
Judicial Review (criminal) / Supreme Court Appeal From High Court Refusal of Judicial Review
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Third Party Disclosure, Depositions in Criminal Proceedings, Privilege and Confidentiality, Disclosure Obligations of Prosecution
Criminal Law Judicial Review Evidence Third Party Disclosure Depositions in Criminal Proceedings Privilege and Confidentiality Disclosure Obligations of Prosecution

Case Brief

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Parties

J. F.

Applicant/appellant

Judge Michael Reilly

Respondent

Director of Public Prosecutions

Respondent

Midland Health Board

Notice Party

Procedural Posture

Judicial Review (criminal) / Supreme Court Appeal From High Court Refusal of Judicial Review

Legal Issues

  1. 1 Whether an accused is entitled to production or sight of documents in possession of third parties for a fair trial
  2. 2 Whether deposition procedure under Criminal Procedure Act, 1967 can be used to obtain third party documents
  3. 3 Scope of prosecution's disclosure obligations regarding third party documents

Ratio Decidendi

The deposition procedure under the Criminal Procedure Act, 1967 cannot be used to obtain third party documents not in the possession of the prosecution. The obligation of the prosecution to disclose documents does not extend to documents not within its possession or control. The application for judicial review was correctly refused as the appellant was not entitled to the documents sought through the deposition process.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Application for judicial review refused
  • No entitlement to production of third party documents via deposition procedure