D. P. P. -v- Furlong [2011] IEHC 284 (09 June 2011)

The application to reissue the Waterford District Court summons was an abuse of process due to unfairness and procedural irregularity, depriving the District Judge of jurisdiction to proceed to a full hearing.

Citation: [2011] IEHC 284
Parties: Prosecutor: Director of Public Prosecutions; Defendant: Noel Furlong
Jurisdiction: Ireland
Judgment Date: 09 June 2011
Procedural Posture: Consultative Case Stated / High Court Judgment on Case Stated From District Court
Outcome: District Judge Kennedy does not have jurisdiction to proceed; the charge is struck out.
Legal Topics: Abuse of Process, Jurisdiction, Delay in Prosecution, Summons Procedure

Criminal Law Procedural Law Abuse of Process Jurisdiction Delay in Prosecution Summons Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Prosecutor

Noel Furlong

Defendant

Procedural Posture

Consultative Case Stated / High Court Judgment on Case Stated From District Court

Legal Issues

1 Whether the reissue of the Waterford District Court summons was an abuse of process
2 Whether a Garda may bring simultaneous prosecutions for related offences in different court areas
3 Whether delay between alleged incident and service of summons prejudiced the defendant

Ratio Decidendi

Court Disposition

District Judge Kennedy does not have jurisdiction to proceed; the charge is struck out.

Orders

Application to reissue Waterford District Court summons found to be abuse of process
District Judge Kennedy lacks jurisdiction to proceed to full hearing