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Court of Appeal upholds the High Court's decision to refuse an appellant leave for judicial review seeking an Order of Prohibition against his pending retrial in the Circuit Court. The appellant's convictions for assault and weapon charges were previously quashed due to a legal error, and a retrial was ordered. The appellant argued that the retrial should be prohibited due to lost evidence, delay, prejudicial pre-trial publicity, ineffective assistance of counsel, and an alleged unlawful decision to prosecute. The Court of Appeal found no arguable case that these issues would result in an unfair trial, as they could be addressed by the trial judge's directions, and thus denied the application for judicial review.
Court of Appeal, judicial review, Order of Prohibition, retrial, Circuit Court, assault causing harm, Non-Fatal Offences Against the Person Act 1997, Firearms and Offensive Weapons Act 1990, legal error, Criminal Procedure Act 1993, fair trial, lost evidence, delay, pre-trial publicity, ineffective counsel, malicious prosecution, abuse of process, The People (DPP) v. Almasi, The People (DPP) v. PO’C, Rattigan v. The People (DPP).
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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