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High Court, in judicial review proceedings, refuses to make an order directing District judge to state a case to the High Court, finding that to do such would be pointless since the matter in issue had already been fully addressed in a recent judgment of the High Court.
Criminal law – judicial review – refusal to state a case to the High Court following a criminal conviction in the District Court – applicant gave evidence on his own behalf, denied his guilt of the offences charged and was not cross-examined by the prosecution – whether request to state a case was frivolous – failure of the prosecution to put any question to the defendant left his evidence uncontroverted, and hence it had to be accepted – “Putting the case against the Rule in Browne v Dunn” by Hugh Kennedy BL – s.5 of the Summary Jurisdiction (Ireland) Act, 1857 – s.51 of the Courts (Supplemental Provisions) Act, 1961– McGrath on Evidence (1st Ed., 2005) – adopt principles set out in Burke – order to state a case would be pointless.
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