O'C v Judges of the Dublin Metropolitan District

• Jurisdiction: Ireland
• Judge: Finlay C.J.
• Judgment Date: 01 January 1994
• Neutral Citation: 1992 WJSC-SC 3904
• Court: Supreme Court
• Docket Number: [S.C. No. 245 of 1992]
• Date: 01 January 1994

O'C v. JUDGES OF DUBLIN METROPOLITAN DISTRICT

O'C

.v.

JUDGES OF DUBLIN METROPOLITAN DISTRICT AND THE DIRECTOROF PUBLIC PROSECUTIONS

1992 WJSC-SC 3904

245/92

THE SUPREME COURT

Synopsis:

CRIMINAL LAW

Plea

Accused - Fitness - Determination - District Court - Jurisdiction - Charge - Indictable offence - Preliminary examination - Fitness of accused to plead - Procedure applicable when issue raised - Enquiry into such fitness by judge of District Court - (245/92 - Supreme Court - 13/11/92)- [1994] 3 IR 246

|O. v. Judges of the Dublin Metropolitan District|

DISTRICT COURT

Jurisdiction

Charge - Plea - Accused - Fitness - Determination - Indictable offence - Preliminary examination - Enquiry into accused's fitness to understand proceedings at such examination - (245/92 - Supreme Court - 11/11/92)- [1994] 3 IR 246

|O. v. Judges of Dublin Metropolitan District|

Citations:

CRIMINAL PROCEDURE ACT 1967

COSTELLO V AG 1984 ILRM 413

C, STATE V MIN FOR JUSTICE 1967 IR 106

1 Ex-tempore judgment of Finlay C.J.delivered the 11th day of November, 1992.

2 This is an appeal brought by the Applicant against the refusal of his application for an Order of Prohibition directed to the Judges of the Dublin Metropolitan District and to the Director of Public Prosecutions from continuing with the proceedings in the District Court against him essentially in the form of a proposed inquiry by the Judge of the District Court into his fitness to plead. It arises in the followingcircumstances.

3 A complaint was made by a young girl, that in themonth of May of 1990 she was raped by the Applicant. The Applicant was interviewed concerning this matter and was arrested and charged in respect of it in the month of October of 1990. The question as to the capacity of the Applicant to follow the proceedings in the District Court, which were the preliminary examination in regard to the charge of rape, and to give appropriate and adequate instructions to his solicitor and counsel was at an early stage raised by Counsel on his behalf in the District Court. Certain adjournments and remands then took place and eventually the learned Judge of the District Court after a controversy with regard to his legal power to determine whether the Applicant was able to follow the case and to give appropriate instructions decided that he had such a power, and then these proceedings seeking a prohibition of his proceeding to do so were instituted. The matter came before Mr. Justice O'Hanlon in the High Court and in a careful reserved judgment of the 24th of June of 1992 he dismissed the motion and gave detailed reasons for so doing. I am satisfied that the learnedtrial...