Public Prosecution Service v Christopher Walsh
| Jurisdiction | Northern Ireland |
| Judge | Treacy LJ |
| Judgment Date | 19 September 2023 |
| Neutral Citation | [2023] NICA 39 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 39
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: TRE12196
ICOS No: 15/112272/05
Delivered: 15/06/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
PUBLIC PROSECUTION SERVICE
v
CHRISTOPHER WALSH
___________
The applicant appeared as a Litigant in person
Mr Sam Magee KC and Mr Henry (instructed by the PPS) appeared for the Respondent
___________
Before: Treacy LJ, Horner LJ and Kinney J
___________
TREACY LJ (delivering the judgment of the court)
Introduction
[1] In dismissing the applicant’s appeal against conviction for drink driving and
related offences the county court judge (“CCJ”) said as follows:
“I have no doubt that the prosecution case - that there was
no post collision consumption of alcohol - is correct and
proved beyond reasonable doubt. The factors which
inform the court are, on this issue, this failed to be a
feature of his defence in this case until very recently. The
evidence from the prosecution undermines it as a
proposition in any event. On arrest there was no bottle
retrieved, his account of drinking it only when he got out
of sight and in the short distance and time available is
wholly implausible, in my view, and I found the
appellant, when he gave evidence to be a witness lacking
in all credibility in this regard.”
[2] The case comes before us in this way. Pursuant to Article 61(6) of the County
Court (NI) Order 1980 the applicant applies to this court for an order directing the
CCJ to state a case. This application arises because the judge by certificate dated 28
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