DPP v Littlejohn

 
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1978 WJSC-CCA 2241

COURT OF CRIMINAL APPEAL

MR. JUSTICE HENCHY

MR. JUSTICE GANNON

MR. JUSTICE McMAHON

No. 25/1978
People (D.P.P.) v. KENNETH LITTLEJOHN
DIRECTOR OF PUBLIC PROSECUTIONS
v.
KENNETH LITTLEJOHN
Mr. Justice Henchy
1

This is an application by Kenneth Littlejohn for certificate under section 29, Courts of Justice Act,1924, under which this Court is empowered to issue a certificate that a point of law of exceptional public importance has arisen in the appeal and that it is desirable in the public interest that a further appeal should be taken to the Supreme Court. Such a certificate may issue from this Court.

2

Now it is to be noted that for the purpose of granting such a certificate the onus is on the appellant to show two points. Firstly, that there is a point of law of exceptional public importance and secondly, that it is desirable in the public interest that an appeal be carried from this Court (the Court of Criminal Appeal) to the Supreme Court. In support of his application for such a certificate, Mr. Littlejohn relies on four grounds.

3

Firstly, be says that in the course of the extradition proceedings in England, whereby he was extradited from England to this country, the then Attorney General swore an affidavit in which he gave certain undertakings, and it is Mr. LittieJohn's contention that Mr. Condon, the then Attorney General, in that affidavit expressly or impliedly warranted, and assured the English Court, that he, Kenneth Littlejohn, would not be tried in the Special Criminal Court. Mr. Littlejohn deduces that from certain matters in the affidavit. Firstly, in that in paragraph 1 Mr. Condon referred to the fact that all charges and offences prosecuted in any court constituted under Article 34 of the Constitution, other than a court of summary jurisdiction, shall be prosecuted in the name of the People at the suit of the Attorney General or some other person authorised in accordance with law to act for that purpose. Mr. Littlejohn then refers to section 39 of the Extradition Act,1965, which refers to the Rule of Specialty in International Law whereby it is provided that a person extradited under the Act shall not be charged other than for an offence under the words "the description of the offence", as these words are used in the Act. Now the arguments run thus, that when a person is...

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