Heaney -v- Judge Brady & Anor [2009] IEHC 485 (03 November 2009)

Heaney -v- Judge Brady & Anor [2009] IEHC 485 (03 November 2009)

Despite initial default by applicant, additional unexplained prosecutorial delay infringed applicant's constitutional right to a trial with reasonable expedition; prohibition granted.

Citation
[2009] IEHC 485
Parties
Applicant: Stephen Heaney; Respondent: Judge Brady; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
03 November 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Road Traffic Offences, Statute of Limitations, Right to Expeditious Trial, Jurisdiction, Procedural Fairness
Criminal Law Constitutional Law Administrative Law Road Traffic Offences Statute of Limitations Right to Expeditious Trial Jurisdiction Procedural Fairness

Case Brief

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Parties

Stephen Heaney

Applicant

Judge Brady

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether prosecution of road traffic offences was statute barred
  2. 2 Whether applicant's right to constitutional and natural justice was denied
  3. 3 Whether delay infringed applicant's right to expeditious trial

Ratio Decidendi

Despite initial default by applicant, additional unexplained prosecutorial delay infringed applicant's constitutional right to a trial with reasonable expedition; prohibition granted.

Court Disposition

Application granted

Orders

  • Order of prohibition restraining respondents from prosecuting the five charge sheets