Director of Public Prosecutions v Doyle [2020] IEHC 120 (06 March 2020)

Director of Public Prosecutions v Doyle [2020] IEHC 120 (06 March 2020)

The missing CCTV footage was not material to the defence, there was no culpability in its loss, and ample other evidence existed. The District Judge was correct to find no real risk of an unfair trial; the trial can proceed.

Citation
[2020] IEHC 120
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Padraig McWeeney); Accused: Laura Doyle
Jurisdiction
Ireland
Judgment Date
06 March 2020
Procedural Posture
Consultative Case Stated (criminal) / High Court Review of District Court Ruling
Outcome
Application refused; trial may proceed.
Legal Topics
Missing Evidence, CCTV Footage, Fair Trial, Admissibility of Evidence, Duty to Preserve Evidence
Criminal Law Evidence Law Missing Evidence CCTV Footage Fair Trial Admissibility of Evidence Duty to Preserve Evidence

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Parties

Director of Public Prosecutions (at the suit of Garda Padraig McWeeney)

Prosecutor

Laura Doyle

Accused

Procedural Posture

Consultative Case Stated (criminal) / High Court Review of District Court Ruling

Legal Issues

  1. 1 Whether accidental deletion of CCTV footage creates a real risk of an unfair trial for the accused
  2. 2 Whether the trial should be prohibited due to missing evidence
  3. 3 Admissibility of testimony regarding lost CCTV footage

Ratio Decidendi

The missing CCTV footage was not material to the defence, there was no culpability in its loss, and ample other evidence existed. The District Judge was correct to find no real risk of an unfair trial; the trial can proceed.

Court Disposition

Application refused; trial may proceed.