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Murder re-trial prohibited where State’s evidence of cause of death is criticised by State pathologist
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High Court, by way of judicial review, prohibits a murder re-trial in circumstances where the State pathologist wrote to the Director of Public Prosecutions to voice her concerns about the evidence of the State’s expert witness in respect of the alleged cause of death, finding that difficulties surrounding the pathology evidence could not be resolved in such a manner that would render a re-trial fair.
Criminal law – judicial review – prohibition of trial – after hearing a few minutes of the evidence of Dr. Jaber in a murder trial, State pathologist Prof. Marie Cassidy wrote to DPP with concerns regarding his evidence – jury discharged – whether re-trial should be ordered – delay – Rules of the Superior Courts (Judicial Review) 2011 Regulations (S.I. No. 691 of 2011) – time limits – Order 84, rule 21 – whether it would be oppressive on the applicant to permit a further trial to take place having regard to what occurred in the original trial – trial prohibited.
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