O'Keeffe -v- District Judge Connellan [2009] IESC 24 (24 March 2009)

O'Keeffe -v- District Judge Connellan [2009] IESC 24 (24 March 2009)

Where a criminal conviction is imposed without jurisdiction due to failure to conduct a mandatory preliminary examination, the conviction must be quashed by certiorari unless the applicant's conduct specifically disentitles him to relief; mere engagement in the trial process or lack of awareness of the jurisdictional defect does not suffice to refuse relief.

Citation
[2009] IESC 24
Parties
Applicant: Thomas O’Keeffe; Respondent: District Judge Murrough Connellan; Respondent: Judge Raymond Groarke; Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
24 March 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Relief
Outcome
Appeal allowed; High Court order set aside; order of certiorari granted quashing the order sending the applicant for trial.
Legal Topics
Jurisdiction, Certiorari, Discretionary Relief, Preliminary Examination of Indictable Offences, Delay in Judicial Review, Ex Debito Justitiae
Criminal Law Judicial Review Constitutional Law Jurisdiction Certiorari Discretionary Relief Preliminary Examination of Indictable Offences Delay in Judicial Review +1 more

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Parties

Thomas O’Keeffe

Applicant

District Judge Murrough Connellan

Respondent

Judge Raymond Groarke

Respondent

The Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Relief

Legal Issues

  1. 1 Whether the District Judge's failure to conduct a mandatory preliminary examination invalidated the order returning the applicant for trial
  2. 2 Whether the applicant was disentitled to relief due to delay or acquiescence
  3. 3 Whether certiorari should issue as of right (ex debito justitiae) or is always discretionary

Ratio Decidendi

Where a criminal conviction is imposed without jurisdiction due to failure to conduct a mandatory preliminary examination, the conviction must be quashed by certiorari unless the applicant's conduct specifically disentitles him to relief; mere engagement in the trial process or lack of awareness of the jurisdictional defect does not suffice to refuse relief.

Court Disposition

Appeal allowed; High Court order set aside; order of certiorari granted quashing the order sending the applicant for trial.

Orders

  • Order of certiorari quashing the order returning Mr. O’Keeffe for trial
  • High Court order refusing relief set aside