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Moriarty Tribunal and the DPP

  • 25-03-2011 1:22am
    #1
    Quiet you
    Registered Users, Registered Users 2 Posts: 393 ✭✭


    Sorry if I'm in the wrong place but I was wondering something and if anyone could clear it up for me I'd be much obliged.

    With the publication of the report being widely publicised and the language contained in it so damning would this not create a situation where, if the DPP were to proceed with a trial, any jury would be biased due to the media coverage?

    Am I right in thinking this would mean anyone facing charges would not be guaranteed a fair trial and therefore not be brought to court?


Comments

  • #2
    Michael Angelo.
    Registered Users, Registered Users 2 Posts: 191 ✭✭Michael Angelo.


    is that you Mike?


  • #3
    Quiet you
    Registered Users, Registered Users 2 Posts: 393 ✭✭Quiet you


    Quiet you


  • #4
    naoise80
    Closed Accounts Posts: 89 ✭✭naoise80


    I don't think the DPP can do anything at the moment.

    Is it not the case that a file of evidence is sent to the DPP and he decides whether to prosecute or not?

    At the moment there is no evidence.


  • #5
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Quiet you wrote: »
    Sorry if I'm in the wrong place but I was wondering something and if anyone could clear it up for me I'd be much obliged.

    With the publication of the report being widely publicised and the language contained in it so damning would this not create a situation where, if the DPP were to proceed with a trial, any jury would be biased due to the media coverage?

    Am I right in thinking this would mean anyone facing charges would not be guaranteed a fair trial and therefore not be brought to court?
    The Supreme Court have recognised that in some cases unfair pre-trial publicity can infringe on your right to a trial in sue course of law as per Article 38.1. However, in more recent cases the courts just put back the date of the trial to allow the fade effect to work its magic rather than just abandon the trial.
    P.S.- I'm not sure if this would be tried with a jury or not.


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    isn't there a right to be tried by a jury? I know its waived for subversive group members but for this?


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    decision on this by Kearns J. in Redmond v. DPP and Judges of the Dublin Circuit Court

    notoriety due to a tribunal report does not immunize a person from prosecution for all time though a trial judge can adjourn the trial from time to time until the notoriety fades from public consciousness.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    naoise80 wrote: »
    I don't think the DPP can do anything at the moment.

    Is it not the case that a file of evidence is sent to the DPP and he decides whether to prosecute or not?

    At the moment there is no evidence.

    Did they not all make sworn statements?


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