O'Reilly v DPP

• Jurisdiction: Ireland
• Judge: Mr. Justice Noonan
• Judgment Date: 19 December 2017
• Neutral Citation: [2017] IEHC 756
• Docket Number: [2017 No. 341 J.R.]
• Court: High Court
• Date: 19 December 2017

[2017] IEHC 756

THE HIGH COURT

JUDICIAL REVIEW

Noonan J.

[2017 No. 341 J.R.]

BETWEEN

PATRICK O'REILLY

APPLICANT

AND

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

Crime & Sentencing - Threats to Garda - Arrest and detention - Criminal Procedure Act, 1967 - Abuse of process of law - Jurisdiction of District Court - S. 79 of the Courts of Justice Act, 1924 - Trial of two offences in same jurisdiction

Facts: The applicant sought an order of certiorari for quashing the order of the Circuit Court. By way of the impugned order of the Circuit Court, the respondent withdrew the matter before the first District Court, and rearrested the applicant at the second District Court for conferring jurisdiction on that Court for sending forward the applicant for trial before the Circuit Court. The applicant contended that the procedure followed by the respondent was an abuse of process of law.

Mr. Justice Noonan dismissed the applicant's application. The Court held that the applicant had failed to show that he suffered any prejudice or hardship by virtue of transfer of his case from one District Court to the other. The Court noted that the applicant was already in custody on foot of the charges framed by the second District Court and thus, there was no breach of fair procedures in the present case.

JUDGMENT of Mr. Justice Noonan delivered on the 19th day of December, 2017

Chronology of Relevant Events.

3 rd February, 2017 - At approximately 7.40 am during the course of a search of the applicant's room at Pier One Hotel in Limerick, the applicant is alleged to have made threats to kill Inspector Hunt ('the Limerick offence'). He was not arrested at that time.

At approximately 3pm on the same day, the applicant's vehicle was stopped at Knockagh, Cahir, County Tipperary and he is alleged to have made threats to kill Garda Donohue. He was arrested and brought to Cahir garda station where he is alleged to have made further threats to kill Garda Donohue ('the Tipperary offence').

4 th February, 2017. The applicant was arrested, charged with the Tipperary offence and brought before Cashel District Court where he was remanded in custody until the 23rd February, 2017.

22 nd February, 2017 - The respondent gave directions that the applicant was to be charged in respect of the Limerick offence and it was to be dealt with on indictment. The respondent further directed that all charges arising from the incidents on the 3rd February, 2017, were to be included in one Book of Evidence and prosecuted in the South Eastern Circuit.

23 rd February, 2017 - The applicant was arrested, charged with the Limerick offence and brought before Cashel District Court. He was remanded in Custody back to Cashel District Court on the Tipperary charge but the District judge of his own motion decided to transfer the Limerick charge to Limerick District Court on the 27th February, 2017.

27 th February, 2017 - The applicant appeared before Limerick District Court and the court was informed that the respondent had directed trial on indictment.

9 th March, 2017. The applicant appeared before Cashel District Court when the matter was adjourned to the 23rd March, 2017, for service of the Book of Evidence.

23 rd March, 2017. The applicant was again remanded back to Clonmel District Court on the 4th April, 2017, for service of the Book of Evidence.

27 th March, 2017 - The applicant appeared before Limerick District Court and the matter was adjourned for two weeks for service of the Book of Evidence.

29 th March, 2017. The respondent became aware for the first time that the Limerick charge had been transferred to Limerick District Court and directed that the charge be withdrawn before Limerick District Court and the applicant be arrested and recharged before Cashel District Court.

4 th April, 2017 - The applicant appeared before Cashel District Court on foot of the Tipperary charge and the court was informed that the Limerick charge was being withdrawn before Limerick District Court so that the applicant could be recharged before the District Court in Tipperary.

10 th April, 2017 - The applicant appeared before Clonmel District Court and was again remanded in custody for service of the Book of Evidence to the 19th April, in Cashel.

11 th April, 2017 - The respondent withdrew the Limerick charges before Limerick District Court.

19 th April, 2017 - Shortly before the sitting of the court in Cashel District Court, the applicant was arrested, recharged with the...