W -v- District Justice Flannan Brennan [2005] IEHC 165 (14 April 2005)

W -v- District Justice Flannan Brennan [2005] IEHC 165 (14 April 2005)

Delay in making complaint was excusable due to trauma and psychological consequences; applicant failed to establish actual or presumed prejudice sufficient to prohibit trial; faulty returns for trial do not justify prohibition and will be addressed separately.

Citation
[2005] IEHC 165
Parties
Applicant: -W-; First Named Respondent: District Justice Flannan Brennan; Second Named Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
14 April 2005
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review based on delay rejected; issue of faulty returns for trial adjourned for further hearing.
Legal Topics
Delay in Criminal Prosecution, Right to Fair Trial, Sexual Offences Against Minors, Judicial Review, Prosecutorial Delay
Criminal Law Constitutional Law Delay in Criminal Prosecution Right to Fair Trial Sexual Offences Against Minors Judicial Review Prosecutorial Delay

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Parties

-W-

Applicant

District Justice Flannan Brennan

First Named Respondent

The Director of Public Prosecutions

Second Named Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether inordinate delay in prosecution violates applicant's right to a fair trial
  2. 2 Whether faulty returns for trial invalidate proceedings

Ratio Decidendi

Delay in making complaint was excusable due to trauma and psychological consequences; applicant failed to establish actual or presumed prejudice sufficient to prohibit trial; faulty returns for trial do not justify prohibition and will be addressed separately.

Court Disposition

Application for judicial review based on delay rejected; issue of faulty returns for trial adjourned for further hearing.

Orders

  • Application for judicial review based on delay refused.
  • Issue of faulty returns for trial adjourned for further hearing.