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Decision to vacate conviction and re-list hearing was not unjust
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Supreme Court dismisses appeal from High Court, and affirms refusal to grant leave to seek judicial review of a decision of the District Court to vacate a conviction on a minor road traffic offence (where the accused had not been present and claimed not to have had notice of the hearing), and to re-list the hearing for another date, on the grounds that the decision to vacate and re-list did not affect the accused's right to a fair trial.
MacMenamin J (nem diss): Judicial review - refusal of leave - conviction in absence of accused - road traffic offence - never served - matter vacated and re-listed - application by accused to have a stenographer present - application for leave made on date of re-listed trial.
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