O'Shea v. O'Buachalla [2001] IESC 203; [2001] 3 IR 137 (24 May 2001)
The District Judge acted within jurisdiction in refusing further depositions after the accused had already exercised his entitlement and resiled from it; there was no evidence of prejudice or unfairness, and the High Court Judge correctly exercised discretion in refusing judicial review relief.
- Citation
- [2001] 3 IR 137
- Parties
- Applicant: Leonard O'Shea; Respondent: Judge O'Buachalla; Respondent: Director of Public Prosecutions
- Jurisdiction
- Ireland
- Judgment Date
- 24 May 2001
- Procedural Posture
- Appeal / Supreme Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Depositions, Jurisdiction, Discretion of District Judge, Preliminary Examination, Fair Process
Case Brief
Summary, issues, holding and outcome
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Parties
Leonard O'Shea
Applicant
Judge O'Buachalla
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether the District Judge acted within jurisdiction in refusing further depositions
- 2 Whether refusal to allow further depositions prejudiced the accused
- 3 Whether judicial review relief should be granted
Ratio Decidendi
The District Judge acted within jurisdiction in refusing further depositions after the accused had already exercised his entitlement and resiled from it; there was no evidence of prejudice or unfairness, and the High Court Judge correctly exercised discretion in refusing judicial review relief.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Recommendation to Attorney General for application of Attorney General's scheme
Full Case Text
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