Offence of obstructing, perverting or interfering with course of justice held to be constitutional

(Denham CJ (nem diss): Appeal from High Court rejection of claim that section 41(3) of the Criminal Justice Act, 1999 is unconstitutional or incompatible with ECHR provisions - offence of obstructing/perverting or interfering with course of justice - issue of statutory interpretation - appellant charged with section 41 offence in November 2011 - alleged interference with former wife's then partner, who was himself a victim of an assault in October 2010 - plenary proceedings commenced - Article 38 of the Constitution - declaration of incompatibility with Article 6 of the ECHR sought in the alternative - appellant convicted of assault in District Court, but matter under appeal to Circuit Court - eight grounds of appeal from High Court order - whether trial judge erred in fact and law in determining matter - evidentiary burden - lack of mens rea requirement - right to a fair trial - whether section discharges prosecution's duty to prove its case beyond a reasonable doubt - whether section goes beyond a mere evidential presumption regarding the requirement of mens rea - whether section interferes with appellant's right to the presumption of innocence - presumption of constitutionality - case law distinguished - double construction rule - proof that alleged victim was a potential witness or was assisting in an investigation required - knowledge to be proved or established by the prosecution - section constitutional - fair trial rights under Article 6 of the ECHR - whether offence disproportionate and therefore unreasonable - ECHR case law distinguished - appeal dismissed.