Alleged Loophole

Jo King

http://www.independent.ie/national-news/thousands-of-criminal-cases-at-risk-thanks-to-loophole-2040464.html


I thought this one had been tried before? The prosecution could hardly be expected to have case law in court.

Reloc8

Even if provided with written submissions which outlined whatever the Defence was relying on ?

Jo King

Reloc8 wrote: »

Even if provided with written submissions which outlined whatever the Defence was relying on ?

It depends on when the prosecutor was given the submissions. If they had been furnished well in advance, it would be reasonable to expect that the prosecution would be in a position to deal with them. If the solicitor simply turned up in court and handed over copies of his written submissions on the day the prosecutor could hardly be expected to respond.

Reloc8

Agree - but if that happened any court would grant time on request to consider and reply to same - its not really kosher to rock up and whack out unsolicited written legal submissions with no notice that it is proposed to do so. My sense of what happened here is that the prosecution opted not to reply, the matter having gone back for argument.

Jo King

Reloc8 wrote: »

Agree - but if that happened any court would grant time on request to consider and reply to same - its not really kosher to rock up and whack out unsolicited written legal submissions with no notice that it is proposed to do so. My sense of what happened here is that the prosecution opted not to reply, the matter having gone back for argument.

Your sense of what happened conflicts with the report. What actually happened was that the prosecution not being in a position to respond the matter was put back for argument.
This whole business about the validity has been gone into before. What is new?

Reloc8

I don't think so (re what happened). It is said that

"The cases had been adjourned to Thursday's sitting of the court to allow Mr Geraghty to make his submissions."

And then :"The State did not make counter written submissions and Judge Browne held with Mr Geraghty."

That's clear to me that the State opted not to offer written legal submissions and that the Judge has ruled in favour of the Defendant.

"He adjourned the cases against Mr Geraghty's clients to April 22 to allow time for the DPP to consider his position."

That is safely presumed to allow the State solicitor take instructions on whether the prosecutor will proceed with the case (in which case the Judge has said he lacks jurisdiction and will strike the summons out, giving the option of a Judicial Review by the DPP, or an Appeal by way of case stated) or withdraw the summons'.

Its not in other words gone back for argument.

Anyway...I can't divine anything about the merits of what is being argued from the report...it doesn't look on its face like a fresh issue, but the report is very scant.

Our man in Havana

Would the defects be cured by the appearance of the defendant?

Reloc8

Not if it/they went to the lawfullness of the issuing of the Summons, from which stems the jurisdiction of the court.