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The Court of Appeal has quashed a conviction for conspiracy to burgle, originally tried before the Special Criminal Court, due to a breach of the appellant's right to natural and constitutional justice. The trial court had amended the particulars of the offence without notice or opportunity for the parties to make submissions, leading to a conviction on a charge that was never put to the appellant. The Court of Appeal found this process to be a departure from the principle of audi alteram partem (hear the other side), resulting in an unfair trial. The original court's decision to convict on the amended charge has been set aside, and the Court of Appeal will consider whether to order a retrial.
Court of Appeal, Special Criminal Court, conspiracy to burgle, indictment amendment, natural and constitutional justice, audi alteram partem (hear the other side), Offences Against the State Act 1939, Criminal Justice (Administration) Act 1924, European Arrest Warrant, Trade and Co-operation Agreement Warrant, right to fair trial, Article 38 of the Constitution of Ireland, retrial, quashed conviction.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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