The King (Courtney) v Edward Emerson, A Justice of The Peace Foe The County Op The City of Belfast

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 26 November 1912
• Court: King's Bench Division (Ireland)
• Date: 26 November 1912

The King (Courtney)

and

Edward Emerson, A Justice Of The Peace For The County Of The City of Belfast (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1913.

Justices — Indictable offence — Bias — Prohibition — Right to give costs against Crown.

Held, while entirely acquitting E. of any moral blame, that a reasonable public might think that the expression used by E. implied that in making his order he was acting by the direction of the Crown and not exercising his own discretion, and that the writ of prohibition should be granted.

The case had been taken up by the Crown on behalf of E.

Held, that there was no power to give costs against the Crown.

The prosecutor herein, William Courtney, was arrested on the 28th July, 1912, and returned for trial before the Recorder of Belfast, on a charge of assault occasioning bodily harm to William M'Ilroy. A true bill was found by the Grand Jury. A number of other persons had also been returned for trial before the Recorder on charges of assaults. The Crown Solicitor, on instructions from the Attorney-General, applied to the Recorder to have all the cases transferred to the Assizes. This application was refused. Three prisoners (not including Courtney) were tried before the Recorder, and were acquitted. The next morning nolle prosequis were entered by the Crown in all the remaining cases, including that of Courtney. On the evening of the same day

(1st November, 1912) a fresh information was sworn against Courtney, and a warrant for his arrest issued by Mr. Garrett Nagle, resident magistrate. The warrant was in the ordinary Petty Sessions form to bring the party before Mr. Nagle or some other Justice of the county of the city of Belfast. Courtney was arrested on the 4th November at 9.30 a.m., and lodged in the cells at the police-station, Belfast. He was not brought before the ordinary Petty Sessions Court held that morning, but was brought in the afternoon before Mr. Emerson, a Justice of the Peace for the county of the city of Belfast, who had been asked by the Crown Solicitor to take the depositions in the case. Mr. Emerson sat in the head constable's room in the police-station. On the application of the Crown Solicitor he made an order excluding all persons, except the legal representatives of the accused, the witnesses, and the Press. Several other Justices for...