Ryan -v- D. P. P. & Anor [2011] IEHC 208 (20 May 2011)

Ryan -v- D. P. P. & Anor [2011] IEHC 208 (20 May 2011)

The application was dismissed because it was not brought promptly, no prejudice was shown from the failure to provide the indictment, and the decision to try the applicant and notice party together is within the trial judge's discretion and not amenable to judicial review.

Citation
[2011] IEHC 208
Parties
Applicant: William Ryan; First Respondent: Director of Public Prosecutions; Second Respondent: Judge Katherine Delahunt; Notice Party: Fiona Ryan
Jurisdiction
Ireland
Judgment Date
20 May 2011
Procedural Posture
Judicial Review / Final Judgment on Application for Judicial Review
Outcome
Application dismissed
Legal Topics
Joinder of Accused, Delay in Judicial Review, Provision of Indictment, Jurisdiction of Trial Court, Natural and Constitutional Justice
Criminal Law Judicial Review Joinder of Accused Delay in Judicial Review Provision of Indictment Jurisdiction of Trial Court Natural and Constitutional Justice

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Parties

William Ryan

Applicant

Director of Public Prosecutions

First Respondent

Judge Katherine Delahunt

Second Respondent

Fiona Ryan

Notice Party

Procedural Posture

Judicial Review / Final Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the applicant was entitled to judicial review to prevent joint trial with notice party
  2. 2 Whether delay in bringing the application was fatal
  3. 3 Whether failure to provide indictment caused prejudice

Ratio Decidendi

The application was dismissed because it was not brought promptly, no prejudice was shown from the failure to provide the indictment, and the decision to try the applicant and notice party together is within the trial judge's discretion and not amenable to judicial review.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • No order quashing the trial date