Private Donnelly v The Convening Authority (No. 2)
Jurisdiction | Ireland |
Judgment Date | 12 December 2003 |
Date | 12 December 2003 |
Docket Number | 58 CM/03 |
Court | Courts-Martial Appeal Court |
COURTS-MARTIAL APPEAL COURT
Hardiman J.
O’Neill J.
Murphy J.
58 CM/03
Defence forces - Court-Martial - Conviction for military offence quashed on appeal - Whether there should be re-trial by court-martial - Whether re-trial could safely take place - Possible loss of exculpatory material because of failure of Military Police to take note of interview - Absence of transcript of evidence
Facts: Private Donnelly’s conviction for the military offence of committing a civil offence contrary to s. 169 of the Defences Acts 1954 to 1998 was quashed on appeal by the Courts-Martial Appeal Court. The question arose as to whether or not there should be a re-trial by court-martial. The two grounds of opposition were firstly the possible loss of exculpatory material arising out of the failure by the Military Police to make a note of the interview and, secondly, the fact that there was no transcript of evidence available.
Held by the Courts-Martial Appeal Court in directing a re-trial that a re-trial could safely take place. Although there had been a failure to record the interview there was no loss of exculpatory material. The allegedly inculpatory statement made at the interview would be excluded. Although there was no transcript there was a full note in narrative form and it appeared full and no complaint had been made about the omission of anything.
Reporter R.W.
JUDGMENT of the Court (ex tempore) delivered on the 12thDecember, 2003 by Hardiman J.
A debate has taken place on the question of whether or not there should be a retrial by court-martial ordered in this particular case and it has proved to be more difficult than such applications usually are.
Although Mr. Giblin divided his grounds of opposition into three, there really are two themes, I think. One relates to the failure...
To continue reading
Request your trialSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.