Manning -v- Judge Aeneas McCarthy No.1; Manning -v- The Director of Public Prosecutions [2016] IEHC 800 (21 November 2016)

Manning -v- Judge Aeneas McCarthy No.1; Manning -v- The Director of Public Prosecutions [2016] IEHC 800 (21 November 2016)

Leave for prohibition is refused as it cannot be granted midway through a trial except in exceptional circumstances, and only proceedings against the DPP are appropriate.

Citation
[2016] IEHC 800
Parties
Applicant: Stephen Manning; Respondent: Judge Aeneas McCarthy; Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
21 November 2016
Procedural Posture
Judicial Review / Application for Leave
Outcome
Leave refused
Legal Topics
Prohibition of Trial, Certiorari, Duplication of Proceedings
Criminal Law Judicial Review Prohibition of Trial Certiorari Duplication of Proceedings

Case Brief

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Parties

Stephen Manning

Applicant

Judge Aeneas McCarthy

Respondent

The Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether prohibition can be granted midway through a criminal trial
  2. 2 Appropriateness of judicial review proceedings against a judge versus the DPP

Ratio Decidendi

Leave for prohibition is refused as it cannot be granted midway through a trial except in exceptional circumstances, and only proceedings against the DPP are appropriate.

Court Disposition

Leave refused

Orders

  • Stay discharged
  • Proceedings against Judge McCarthy would have been struck out even if leave was granted