Judgment
Title: | Director of Public Prosecutions -v- J.C. (No. 2) |
Neutral Citation: | [2015] IESC 50 |
Supreme Court Record Number: | 398/12 |
High Court Record Number: | WD/DP0009/2012 |
Date of Delivery: | 06/22/2015 |
Court: | Supreme Court |
Composition of Court: | Denham C.J., Murray J., Hardiman J., O'Donnell Donal J., McKechnie J., Clarke J., MacMenamin J. |
Judgment by: | Hardiman J. |
Status: | Approved |
Details: | Dismiss. Affirm acquittal - No retrial ordered.
Clarke J concurred with the Judgment of MacMenamin J subject to the minor reservations set out in Clarke Js judgment. |
| Judgments by | Link to Judgment | Concurring | Denham C.J. | | O'Donnell Donal J., Clarke J., MacMenamin J. | Murray J. | | | Hardiman J. | | | O'Donnell Donal J. | | Clarke J., MacMenamin J. | McKechnie J. | | | Clarke J. | | O'Donnell Donal J., MacMenamin J. | MacMenamin J. | | Clarke J. | |
|
THE SUPREME COURT[2015] IESC 50
[Appeal No: 398/2012]
Denham C.J.
Murray J.
Hardiman J.
O’Donnell J.
Clarke J.
McKechnie J.
MacMenamin J.
THE DIRECTOR OF PUBLIC PROSECUTIONS
Prosecutor/Appellant
Accused/Respondent
JUDGMENT of Mr. Justice Hardiman delivered the 22nd day of June, 2015.
1. I would dismiss the Appeal. It is unnecessary to go beyond the reasons set out in my judgment of 15 April, 2015.
2. I would not direct a retrial. I consider that there is no jurisdiction to do so. I note that there is no precedent, even in countries that permit retrial after a successful appeal against acquittal, for a retrial after an acquittal and after the law has been changed to favour the prosecution.
3. I do not consider that any retrial would be a trial “in due course of law” as required by Article 38 of the Constitution. I am not confident that the procedural rules needed to ensure constitutional justice at any retrial are sufficiently clear to provide both parties with legal certainty as to the terms of engagement at any retrial.
4. Accordingly, pursuant to s.23(11)(b) of the Criminal Procedure Act 2010 I would affirm the acquittal of J.C. pronounced on the 19th July, 2012.