O'Callaghan v Ireland & Anor (Approved) [2020] IECA 180 (06 July 2020)

O'Callaghan v Ireland & Anor (Approved) [2020] IECA 180 (06 July 2020)

There is no cause of action for damages for miscarriage of justice outside the Criminal Procedure Act, 1993; the State's obligation is to provide a fair legal system including appellate remedies, not to guarantee a perfect trial at first instance. The delays in the appellant's appeal, while systemic, were not so egregious, unreasonable, or culpable as to constitute a breach of the right to trial with reasonable expedition warranting damages. The claim under s.3(2) of the ECHR Act, 2003 was statute-barred and no valid extension of time was justified.

Citation
[2020] IECA 180
Parties
Appellant: Michael O’Callaghan; Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
06 July 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed; cross-appeal allowed
Legal Topics
Miscarriage of Justice, Right to Trial With Reasonable Expedition, Judicial Immunity, Compensation for Wrongful Conviction, Systemic Court Delay
Constitutional Law Criminal Law Human Rights Law Miscarriage of Justice Right to Trial With Reasonable Expedition Judicial Immunity Compensation for Wrongful Conviction Systemic Court Delay

Case Brief

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Parties

Michael O’Callaghan

Appellant

Ireland and the Attorney General

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to damages for miscarriage of justice outside the Criminal Procedure Act, 1993
  2. 2 Whether the appellant is entitled to damages for breach of the right to trial with reasonable expedition under the Constitution or ECHR
  3. 3 Whether systemic delays in the appellate process amount to a compensable breach of rights

Ratio Decidendi

There is no cause of action for damages for miscarriage of justice outside the Criminal Procedure Act, 1993; the State's obligation is to provide a fair legal system including appellate remedies, not to guarantee a perfect trial at first instance. The delays in the appellant's appeal, while systemic, were not so egregious, unreasonable, or culpable as to constitute a breach of the right to trial with reasonable expedition warranting damages. The claim under s.3(2) of the ECHR Act, 2003 was statute-barred and no valid extension of time was justified.

Court Disposition

appeal dismissed; cross-appeal allowed

Orders

  • No damages awarded to appellant for miscarriage of justice or breach of right to trial with reasonable expedition.
  • Respondents' cross-appeal on extension of time for ECHR Act claim allowed; claim under s.3(2) ECHR Act dismissed as statute-barred.