Ireland. Muckley

• Jurisdiction: Ireland
• Judgment Date: 01 November 1985
• Docket Number: [S.C. No.
• Date: 01 November 1985
• Court: Supreme Court

Supreme Court

[S.C. No. 204 of 1985]

Eccles v. Ireland

Thomas Eccles, Patrick McPhillips and Brian McShane

Plaintiffs

and

Ireland and The Attorney General, The Honourable Mr. Justice Liam Hamilton, His Honour Judge Timothy Desmond and Cathal O'Floinn

Defendants

Cases mentioned in this report:—

O'Byrne v. Minister for Finance and The Attorney General [1959] I.R. 1; (1958) 94 I.L.T.R. 11.

Currie v. Niagra Escarpment Commission (1984) 10 D.L.R. (4th) 113.

The State (Healy) v. Donoghue [1976] I.R. 106.

In Re MacCurtain [1941] I.R. 83.

The State (Bollard) v. The Special Criminal Court (Unreported, High Court, Kenny J., 20th September, 1972).

Buckley and others (Sinn Féin) v. The Attorney General [1950] I.R. 67.

Costello v. Director of Public Prosecutions [1984] I.R. 311; [1984] I.L.R.M. 413.

Terrell v. Secretary of State for the Colonies [1953] 2 Q.B. 482; [1953] 3 W.L.R. 331; [1953] 2 All E.R. 490.

East Donegal Co-Operative v. The Attorney General [1970] I.R. 317; (1970) 104 I.L.T.R. 81.

Garvey v. Ireland [1981] I.R. 75; (1979) 113 I.L.T.R. 61.

Constitution - Statute - Validity - Right to trial in due course of law - Courts - Judicial independence - Special Criminal Court - Appointment and removal of members - Remuneration of members - Enactment valid - Offences Against the State Act, 1939 (No. 13), s. 39 - Constitution of Ireland, 1937, Articles 34, 35, 38.

Plenary Summons.

The plaintiffs, and several others, were arraigned before the Special Criminal Court on the 22nd February, 1985, charged with, inter alia, capital murder. On the same day a plenary summons was issued which sought, inter alia, a declaration that s. 39 of the Offences Against the State Act, 1939, was invalid having regard to the provisions of the Constitution and that the Special Criminal Court was unconstitutionally constituted. An ex parteapplication was made on foot of this seeking an interim injunction, restraining the third, fourth and fifth named defendants from acting as a Special Criminal Court for the purposes of the Offences Against the State Act, 1939, or otherwise. This was refused by Mr. Justice Barrington in the High Court on the 22nd February, 1985, and, on appeal, by the Supreme Court on the 25th February, 1985. The trial started on the 26th February and the plaintiffs were convicted, on the 28th March, of, inter alia, capital murder and condemned to death.

The instant action was heard by the High Court on the 27th and 28th June, 1985. In his judgment, delivered on the 12th July, Mr. Justice Barrington, ruling against the plaintiffs, held that as Special Criminal Courts were specifically excluded from the scope of Articles 34 and 35 of the Constitution by virtue of the provisions of Article 38, s. 6, of the Constitution, it would not be a valid interpretation of Article 38 to hold that, what was specifically excluded by Article 38, s. 6, was included...