DPP v Ryan

• Jurisdiction: Ireland
• Judge: Denham C.J.,Charleton J.,O'Malley J.
• Judgment Date: 23 January 2017
• Neutral Citation: [2017] IESCDET 7
• Court: Supreme Court
• Date: 23 January 2017

[2017] IESCDET 7

An Chúirt Uachtarach

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

Bryan Ryan

Applicant

APPLICATION REFERRED TO IN ARTICLE 34.5.3° OF THE CONSTITUTION

RESULT: The Court declines to make an order allowing an appeal to this Court under Article 34.5.3° of the Constitution from the judgment of the Court of Appeal delivered on the 12th day of May 2016.

REASONS:

1 This determination concerns a decision of the Court of Appeal made on 12th day of May 2016 dismissing an appeal by Bryan Ryan against his conviction on 22nd March 2013, following a 23 day trial in the Central Criminal Court, for the murder on 27th May 2007 of Ian Tobin at an address in Blanchardstown, Dublin.

2 The prosecution case was that Bryan Ryan had driven an assassin to that address on a motorcycle with the intention that this other person would pursue the intended victim of the crime and kill him or seriously injure him with a shot gun. This was a case where the person intended to be killed was not apparently there but, according to the prosecution, his brother was killed due to being in the wrong place at the wrong time. The case made by the prosecution against Bryan Ryan was one substantially based on admissions made while he was in Garda custody. In addition, there was evidence at the trial from another person whom it was alleged that Bryan Ryan had told the motivation for pursuing the originally intended victim.

3 While some 14 grounds of appeal were pursued on behalf of Brian Ryan before the Court of Appeal, these, often grouped into headings, were rejected in the judgement of Birmingham J delivered on 12th May 2016, Sheehan and Mahon JJ being the other members of the court. Central to that decision was the admission of confession statements made by Brian Ryan while held in Garda custody on the investigation of this offence. It is the admission of this confession material that Brian Ryan now wishes to appeal further from the Court of Appeal to this Court.

4 Article 34 of the Constitution provides for the public administration of justice; describes the courts established by the Constitution and those which may be established by law; provides for the full and original jurisdiction of the High Court; and under Article 34.2 establishes the Court of Appeal and under Article 34.4.1° sets out its appellate jurisdiction. This reads:

4 1° The Court of Appeal shall—

i save as otherwise provided by this Article, and

ii with such exceptions and subject to such regulations as may be prescribed by law,

have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law.

5 Article 34.4 of the Constitution also provides for the finality of decisions of the Court of Appeal, save for appeals that may be taken to the Supreme Court from decisions of the Court of Appeal. This is set out in Article 34.5.3° and 4° of the Constitution. The former relates to appeals where there has been a determination by the Court of Appeal and the latter where a litigant seeks to appeal directly from the High Court to the Supreme Court. The article relevant to this appeal, that where the Court of Appeal has already given judgment on a matter, is now quoted:

3° The Supreme Court shall, subject to such

regulations as may be prescribed by...