Court of Appeal orders re-trial of company director who was acquitted by a trial judge who fell into error by ruling that the evidence did not go so far as to establish that the appellant was a decision maker within the company in illegal waste prosecution, finding that it will be open to the defence to raise legal arguments about the adequacy of evidence in respect of the charges, and it is in the interests do justice that a re-trial be ordered.
Criminal law – whether to order a re-trial after trial judge fell into error by ruling that the evidence did not go so far as to establish that the appellant was a decision maker within the company with power to direct the whole of the affairs of the company and with the power and responsibility to decide corporate strategy – dumping facility at Kerdiffstown, Naas, County Kildare – whether there had been evidence adduced on which a jury might reasonably have been satisfied beyond reasonable doubt of the respondent’s guilt in respect of the offences charged – re-trial ordered.