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High Court refuses application for order restraining prosecution, holding that: (a) the existence of blameworthy prosecutorial delay will not automatically result in the prohibition of a criminal trial where the accused can no longer rely on the statutory protections available to children and something more must be put in the balance to outweigh the public interest in the prosecution of offences; and (b) while there had been blameworthy prosecutorial delay and prejudice to the applicant in the case, there were a number of factors that tipped the balance in favour of allowing the prosecution to proceed, including that the offences alleged were very serious.
Application for order of prohibition restraining further prosecution - alleged offences said to have occurred at a time when the applicant was 16 and a 'child' within the meaning of the Children Act 2001 - contended that had the Garda investigation been conducted expeditiously the applicant would have been entitled to have the charges against him determined in accordance with statutory entitlements under the Act, including anonymity, different sentencing principles and a mandatory probation report - applicant now no longer a child and trial has yet to take place - whether delay in investigation amounted to culpable or blameworthy delay - whether applicant had suffered prejudice through the loss of statutory protections - whether there were sufficient factors in the public interest to outweigh the prejudice to the applicant when the balance of justice was considered.
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