Costs of appeal and retrial could be borne by DPP even where legal aid certificate previously granted

Criminal law – entitlement to costs – legal aid – defendant sentenced to ten years imprisonment for money laundering in Cork Circuit Criminal Court – appealed on basis s.29 of the 1939 Act search warrant was unconstitutional as per Damache – had challenged the admissibility of the material allegedly obtained on the search in the Circuit Court but was not in a position to argue the constitutionality of the Section at his trial because the Circuit Court has no jurisdiction in that regard – appeal allowed, convictions quashed and new trial ordered – defendant legally aided at trial but privately funded for appeal – whether the defendant is precluded from an award of costs by reason of the existence of a legal aid certificate – defendant does not seek the costs of the original trial but seeks the cost of the appeal and of any retrial – power of retrial in s.3(1)(c) & s. 4(2)(a)of the Criminal Procedure Act 1993 – this Court retains a jurisdiction to order the costs of the appeal in favour of the accused.