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Court of Appeal grants order dismissing an appeal from a murder conviction on the grounds that it was bound to fail, where the warrant upon which certain evidence was seized had subsequently been found unconstitutional in separate proceedings, on the grounds that the change in the law did not constitute a newly discovered fact for the purposes of an appeal.
Criminal law – appeal of murder conviction – motion brought by the Director of Public Prosecutions seeking to dismiss the application as one not based on any new or newly discovered fact and therefore one that is unstateable and unarguable and bound to fail – s. 2 of the Criminal Procedure Act 1993 – items of evidential significance were seized, including a pair of runners, on foot of a warrant the constitutionality of such was successfully challenged – whether the Damache decision there has been a substantial change in the law as regards s. 29 warrants and that the fact that s. 29 warrants are no longer lawful, has to constitute a new fact as envisaged by s. 2 of the Criminal Procedure Act 1993 – whether this case is to be distinguished or can be distinguished from McKevitt – motion to dismiss granted – appeal dismissed
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