Director of Public Prosecutions v C.C. [2019] IESC 94_2 (19 December 2019)

Director of Public Prosecutions v C.C. [2019] IESC 94_2 (19 December 2019)

The absence of the witness M. Cy. did not amount to the loss of a real or useful line of defence sufficient to render the trial unfair, particularly in light of corroborative evidence and the unchallenged admission by the accused. The trial judge applied the wrong test but, on the evidence, the appeal must be dismissed as the accused was not deprived of a fair trial.

Citation
[2019] IESC 94_2
Parties
Respondent/plaintiff: Director of Public Prosecutions; Appellant/defendant: C. C.
Jurisdiction
Ireland
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Right to Fair Trial, Historic Sexual Offences, Delay and Prejudice, Admissibility of Evidence, Missing Witness, Trial Fairness
Criminal Law Right to Fair Trial Historic Sexual Offences Delay and Prejudice Admissibility of Evidence Missing Witness Trial Fairness

Case Brief

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Parties

Director of Public Prosecutions

Respondent/plaintiff

C. C.

Appellant/defendant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the unavailability of a key witness (M. Cy.) due to delay rendered the trial unfair and required the trial to be halted under the P. O’C jurisdiction.
  2. 2 Whether the evidence of an alleged admission by the accused to his son was sufficient to support the prosecution case despite the absence of the witness.

Ratio Decidendi

The absence of the witness M. Cy. did not amount to the loss of a real or useful line of defence sufficient to render the trial unfair, particularly in light of corroborative evidence and the unchallenged admission by the accused. The trial judge applied the wrong test but, on the evidence, the appeal must be dismissed as the accused was not deprived of a fair trial.

Court Disposition

appeal dismissed