Courts

Man (19) brings case aimed at halting criminal trial due to alleged prosecutorial delay

Accused claims DPP has failed in its duty to guarantee the applicant’s rights, including his right to an expeditious trial

The young man claims he was arrested, fingerprinted and interviewed by gardaí a few days after the alleged incident, but was not charged until some 43 months later, the High Court heard. Photograph: Bryan O'Brien

Aodhan O'Faolain
Mon Feb 19 2024 - 20:50

A young man accused of assaulting another male in an altercation that allegedly occurred four years ago has taken a High Court action aimed at halting his criminal trial because there has been an inexcusable delay in prosecuting him.

The now 19-year-old is alleged to have been involved in a physical altercation that broke out following a verbal exchange between three teenagers and two males in early 2020. One of the males is alleged to have received cuts to his stomach, arm, thigh, leg and knee.

Arising out of the incident, the accused has been charged with assault causing harm, contrary to section three of the 1997 Non-Fatal Offences Against the Person Act, and the production of an article in the course of a dispute, contrary to section 11 of the 1990 Firearms and Offensive Weapons Act.

The accused was aged 15 years when the incident is alleged to have occurred near a Co Kildare railway station.

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He claims that despite the fact he was arrested, fingerprinted and interviewed by gardaí a few days after the alleged incident, he was not charged until last September, some 43 months later. Last October he was sent forward for trial before the Circuit Criminal Court for the alleged offences, by which time he had turned 18 and had lost many of the protections provided for by the 2001 Children’s Act.

The accused, represented by James Dwyer SC and Sarah Connolly, claims the Director of Public Prosecutions (DPP) has failed in its duty to guarantee the applicant’s rights, including his right to an expeditious trial. The applicant claims that following the alleged incident he was immediately identified by gardaí, had fully co-operated with them and had given a voluntary cautioned statement.

CCTV and witness statements of the incident were also obtained by investigating gardaí within a short period. The investigation of the matter was very straightforward, he claims. However, the accused was not charged until September, almost four years after the alleged offence took place.

The delay in prosecuting him has been “inexcusable” and “unexplained” given the nature of the case, he says.

The accused has brought judicial review proceedings against the DPP where he seeks orders from the court restraining his prosecution from proceeding any further. No date has been fixed for his trial.

The application came before Ms Justice Niamh Hyland on Monday. The judge, on an ex-parte basis, granted the applicant permission to bring his challenge and made the matter returnable to a date next month.

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