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Court of Appeal dismisses appeal from High Court, and affirms decision to refuse the Director of Public Prosecutions (DPP) an extension of time to seek judicial review, where an accused person had been sent forward for trial in the wrong court. The DPP's application was significantly out of time, and the court found that the DPP had not provided sufficient reasons or evidence to justify the delay. The original decision to deny the extension was affirmed, as the DPP did not meet the requirements of Order 84, Rule 21(3) of the Rules of the Superior Courts (RSC), which necessitates showing good and sufficient reason for the delay and that the circumstances leading to the delay were beyond the applicant's control or could not have been reasonably anticipated.
Court of Appeal, Director of Public Prosecutions (DPP), judicial review, extension of time, Order 84 Rule 21 RSC, Return for Trial, jurisdictional error, Criminal Justice (Theft and Fraud Offences) Act, 2001, Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010, Courts of Justice Act 1924, Dublin Circuit Criminal Court, Eastern Circuit, County of Kildare, nolle prosequi, affidavit, public interest, procedural requirements, "ghost brokering" scheme.
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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