DPP v Barnwell

 
FREE EXCERPT

1998 WJSC-CCC 5319

CENTRAL CRIMINAL COURT

CC0007/96
DPP v. BARNWELL
THE DIRECTOR OF PUBLIC PROSECUTIONS:
v.
GEOFFREY BARNWELL

Citations:

DPP, PEOPLE V CASEY 1963 IR 33

R V GALBRAITH 1981 73 CAR 124, 1981 2 AER 1060

R V SHIPPEY 1988 CLR 767

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TRANSCRIPT OF PROCEEDINGS HEARD BEFORE MR. JUSTICE FLOOD, IN DUBLIN, IN CAMERA, ON JANUARY 21ST, 1997, AND FOLLOWING DAYS.

TRANSCRIPT OF PROCEEDINGS OF JANUARY 24TH, 1997.
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I hereby certify the following to be a true and accurate transcript of my shorthand notes in the above-named proceedings.

Doyle Court Reporters,
2 Arran Quay,
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Dublin 7.

Telephone: 8722833
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Fax: 8724486
COPYRIGHT
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Transcripts are the work of the shorthand writer and they must not be photo-copied or reproduced in any manner or supplied or loaned by an appellant to a respondent or to any other party without written permission of the shorthand writer.

APPEARANCES

For the Prosecution:

Mr. O'Connell BL

Mr. Murphy BL

Instructed by:

Chief State Sols,

Dublin Castle,

Dublin 2.

For the Defendant:

Mr. Grogan SC

Mr. Grehan BL

Instructed by:

Michael Staines,

Solicitor.

THE HEARING RESUMED AS FOLLOWS ON 24TH JANUARY 1997 AT 12:45 P.M.:
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MR. JUSTICE FLOOD: First of all, my sincere apologies for being so tardy, basically the reason was I was getting a judgment typed, put together. As it is going to affect the further participation of the jury in this matter, I think that they should be present when I'm reading this so they know the reasons for my decision.

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Will Your Lordship make a copy of the ruling available to counsel?

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MR. JUSTICE FLOOD: I can't do it at the moment, but I certainly will, of course. The problem is it's in two or three pieces because we tried putting it together and getting it typed, but it just doesn't work that way.

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Later on today.

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MR. JUSTICE FLOOD: I would hold that I would have it after lunch.

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THE JURY ENTERED THE COURTROOM AND THE FOLLOWING PROCEEDINGS WERE HELD:

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THE JURY WAS POLLED. ALL PRESENT.

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MR. JUSTICE FLOOD: My first duty, Ladies and Gentlemen, is to be courteous and to apologize for keeping you here for three quarters of an hour beyond the time which I appointed. It wasn't entirely under my control. I was trying to get a judgment typed and the typing services didn't quite come up to standard. My apologies.

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Secondly, the reason I'm about to give judgment in relation to the application which was made to me yesterday afternoon by counsel for the defendant, and as it would affect – and though it was made in your absence, as it will affect your participation in the trial, I thought it proper that you should be present to hear what I'm doing and the reasons why.

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The Accused, Geoffrey Barnwell, stands indicted before this Court of raping Freda Cahill at about 1:40 a.m. on the morning of March 18th, 1995 on the waste-ground off Ballymun Road, Ballymun, Dublin 9. It's common case that the complainant, Mrs. Cahill, was brutally raped on that night at that hour. The only issue upon which there is contest is on the question of the identity of the assailant. Mrs. Cahill is an intelligent and good witness. She is in my opinion a truthful witness. The scene of the outrage had a very considerable degree of public lighting approximate to the actual point of assault. In the course of her evidence she says that while she was terrified by her assailant who told her to keep her eyes closed, she did have opportunities observing him and his face. She described him, in cross-examination, as being five-foot-six to five-foot-nine in height with streaked blond way hair which went back over his ears and down under his ears. She also said in cross-examination that she didn't get a good look at his face; that it was too dark to see his face clearly and that he had curly blond hair. There is little or no doubt from the photograph taken by the Guardai of the accused man whilst in custody that he did not have curly hair and further that he was five-foot-eleven in height. At an identity parade on April 29th after his arrest, the complainant, Mrs. Cahill, picked out the accused man.

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This evidence must be read in the context of the very...

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