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High Court refuses to restrain a health and safety prosecution in light of previous conviction for the road traffic offence arising from the same set of circumstances (a defective door on the applicant's tractor lead to the death of a young boy), finding that interference by the courts in the prosecutorial process by means of prohibition is a power which is only exceptionally used, and the law on autrefois convict and abuse of process is not such as to justify the prohibition of the trial for a workplace offence.
Criminal law – judicial review – application to restrain Health and Safety prosecution in light of previous conviction for the road traffic offence arising from the same set of circumstances – allowing a defective vehicle to be driven which was a danger to the public – section 54(2) of the Road Traffic Act, 1961 – Safety Health and Welfare at Work Act, 2005 – autrefois convict – accused cannot be tried for the same or substantially the same offence – sequential trials can amount to an abuse of process – whether the workplace offence was the same/substantially the same as road traffic offence – whether the prosecution of the workplace offence an abuse of process or oppressive – reliefs sought refused.
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