Director of Public Prosecutions -v- Cullen

• Jurisdiction: Ireland
• Judge: O'Shea J.
• Judgment Date: 14 April 2021
• Neutral Citation: [2021] IEDC 1
• Case Outcome: Approved
• Date: 14 April 2017
• Docket Number: 2020/91429
• Court: http://justis.com/court/2844

THE DISTRICT COURT

DUBLIN METROPOLITAN DISTRICT

THE DIRECTOR OF PUBLIC PROSECUTIONS

(AT THE SUIT OF GARDA GARY CLEARY)

PROSECUTOR

- AND -

PATRICK CULLEN

ACCUSED

Determination delivered by Judge Brian O’Shea on the 14th day of April 2021

1. This is an application by the Accused to compel disclosure in advance of his summary

criminal trial.

2. The Accused is charged with an offence contrary to subsection 10(1) of the Non-Fatal

Offences Against the Person Act 1997, in particular that between 14 April 2017 and 6 July

2019 he harassed Hinda Bloom and Peter Kelly.

3. The complaint was laid before the District Court on 20 May 2020 by way of the statutory

charge sheet procedure involving evidence of arrest, charge and caution. On that date a

non-specific disclosure order was made. While technically the order was premature such

orders are often made in the District Court with the intention of expediting matters and

reducing unnecessary court events.

4. On 16 September 2020 the defence solicitor raised the issue of disclosure and following

brief submissions was ultimately asked by the court to write to the Prosecutor seeking

any specific items of disclosure that he deemed to be outstanding.

5. On 25 November 2020 the Prosecutor directed that the case be tried summarily and,

having heard an outline of the alleged facts, the court accepted jurisdiction. The defence

solicitor indicated that he had received a report from an information technology

consultant in relation to Facebook posts and that in his opinion this was relevant to his

disclosure requests. At the time he did not expand on this point.

6. On 17 February 2021 the defence solicitor indicated to the court that the disclosure he

had sought was still outstanding.

7. Ultimately a dispute has arisen between the Prosecutor and the defence solicitor

regarding the disclosure sought and this court has been asked to determine the issue. On