The Court of Appeal has ordered a retrial for the original charge of conspiracy to burgle various properties, as outlined in Count 3 of the indictment, after quashing the appellant's conviction due to a breach of constitutional and natural justice by the Special Criminal Court. The original court had unlawfully amended the charge to a narrower offense during the verdict delivery without notice or submissions from the parties involved. The Court of Appeal found none of the appellant's arguments against a retrial, including time spent in custody and potential witness memory fade, to be compelling enough to outweigh the public interest in a fair retrial. The Court declined to rule on the admissibility of certain expert evidence, leaving that determination to the trial court during the retrial.
Court of Appeal, retrial, conspiracy to burgle, indictment, constitutional and natural justice, Special Criminal Court, unlawful amendment, Count 3, Criminal Procedure Act 1993, autrefois acquit (previously acquitted), double jeopardy, expert evidence, public interest, fair trial.