Question of whether DNA samples obtained from detainee are admissible evidence is referred to Supreme Court

Criminal law – application for certificate that appeal involves three points of law of exceptional public importance and that it is desirable in the public interest that an appeal therefrom should be taken to the Supreme Court – s. 29 of the Courts of Justice Act 1924, as substituted by s. 22 of the Criminal Justice Act 2006 and later amended by s. 59 of the Criminal Justice Act 2007 and s. 31 of the Criminal Procedure Act 2010 – when the sole evidence against an accused person is DNA evidence, whether such is sufficient to convict an accused or upon the prosecution case being closed – whether it should be mandatory for a trial judge to warn a jury of the dangers of convicting an accused in circumstances where the sole evidence against that accused is DNA evidence – whether evidence of DNA samples taken from cigarette butts used and discarded by the detained person whilst in custody admissible evidence at his trial – whether arrest was lawful in circumstances where the arresting gardaí did not state the power of arrest and where there was no evidence before the court as to what power, if any, was invoked – admissibility of the DNA evidence – s. 2(9) of the Criminal Justice (Forensic Evidence) Act 1990 – s. 7 of the Criminal Justice Act 2006 – trial judge was correct to admit the DNA evidence obtained from the cigarette butts – application for no case to answer – prosecution can proceed on the basis of DNA evidence alone – application to discharge jury – Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 – question as to whether the DNA samples taken from cigarette butts discarded by a detained person while in custody are admissible evidence at his trial submitted to Supreme Court.