Director Public Prosecutions v K.M.

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Denham C.J.,Charleton J.,O'Malley J.
• Judgment Date: 20 January 2017
• Neutral Citation: [2017] IESCDET 5
• Date: 20 January 2017

[2017] IESCDET 5

THE SUPREME COURT

DETERMINATION

Denham C.J.

Charleton J.

O'Malley J.

BETWEEN

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)

RESPONDENT

AND

K.M.

APPLICANT

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES.

Result: The Court grants leave to the Applicant to appeal to this Court from the Court of Appeal.

Reasons Given:

1 This Determination relates to an application brought by the applicant seeking leave to appeal to this Court from the Court of Appeal under Article 34.5.3° of the Constitution.

2 The Court considers it desirable to point out that a Determination of the Court on an application for leave, which is final and conclusive as far as the parties are concerned, is a decision in relation to that application only. The decision is whether the question, or questions, raised, and the facts underpinning them, meet the constitutional criteria for leave. Save in the rarest of circumstances, it will not be appropriate to rely upon a grant or refusal of leave as having a precedential value in relation to the substantive issues in the context of different cases. Where leave is granted, any issue canvassed in the application will, in due course, be disposed of in the substantive decision of this Court.

3 On the 24th November, 2015, the applicant was convicted in the Circuit Court on a single count of indecent assault alleged to have been committed in 1989. He was sentenced to two years imprisonment, but obtained bail pending appeal some three weeks later.

4 On the 13th October, 2016, the applicant's appeal against conviction was dismissed – see The People at the Suit of the Director of Public Prosecutions v. K.M. [2016] IECA 283. However, his appeal against sentence was successful to the extent that the sentence was reduced to twelve months to date from the 24th October, 2016.

5 The only issue canvassed in this application arises from the evidence adduced by the prosecution in relation to an interview conducted by the gardaí when the applicant was being detained for the investigation of the allegation against him. He had brought with him a prepared statement setting out his account of his dealings with the complainant, in which he described the allegation as ‘blatantly false’. The gardaí then put to him a number of questions arising from the complainant's statement. The applicant responded to each that he had nothing to say...