High Court allows applicant to amend statement of grounds and grants certiorari of the District Court's decision to refuse jurisdiction, finding that: (a) the decision was not irrational and reasons were given, where the judge had not been given precisely the same evidence on the second occasion as he was on the first, and was not informed on the second occasion that the DPP had directed summary disposal; further, he was not informed of his own previous decision to accept jurisdiction; (b) the selective factual background given to the judge on the second occasion, including the failure to advise the court that the accused was excused from being present and that the court had previously accepted jurisdiction, amounted to a lack of fair procedures; and (c) although the applicant’s representation was in part responsible for the difficulties, the matter was in for mention only to fix a date and the applicant had been excused from attending; any deficiency should be addressed by a costs order and not by refusing the relief sought.
Application for order of certiorari quashing decision of District Court refusing jurisdiction - applicant charged with assault causing harm contrary to s. 3 of the Non-Fatal Offences Against the Person Act 1997 - alleged head-butting of third party fracturing nose - DPP directed summary disposal and District Court accepted jurisdiction on basis of brief outline of evidence and medical report - when matter was next mentioned to get a trial date, District Court asked to be reminded of the details and, on basis of same outline evidence and medical report, declined jurisdiction - whether District Court failed to give reasons and/or was irrational - whether District Court's decision was reached in breach of fair procedures.