Attorney General (Ryan) v Egan

• Jurisdiction: Ireland
• Judgment Date: 19 October 1948
• Date: 19 October 1948
• Court: High Court

(H.C.),

Attorney-General (Ryan)

and

Egan

Admissibility - Collision between two vehicles - Drivers prosecuted separately for driving to the danger of the public -Both charges arising out of the same incident -Whether each defendant a competent and compellable witness against the other.

Two vehicles, driven respectively by E. and K., collided upon the road. Each driver was served with a summons under s. 51 of the Road Traffic Act, 1933, charging him with dangerous driving. The cases were heard separately in the District Court, that against E. being taken first. The prosecution proposed to prove the case against E. by calling K. to give evidence against him. Objection to this course was taken on behalf of E., it being alleged that K.'s interest was too much at stake for him to be a competent witness. The District Justice, at the request of E.'s solicitor, agreed to state a Case for the opinion of the High Court as to whether K. was a competent and compcllable witness against E.Held that K. was a competent and compellable witness against E.Attorney-General v. Ingham and OthersDLTR, 82 I. L....