In the matter of an application by the Director of Public Prosecutions for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 12 January 2007 |
| Neutral Citation | [2007] NIQB 3 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 January 2007 |
| Year | 2007 |
1
Neutral Citation no. [2007] NIQB 3 Ref:
KERF5717
Judgment: approved by the Court for handing down Delivered:
12/01/07
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY THE DIRECTOR OF
PUBLIC PROSECUTIONS FOR
JUDICIAL REVIEW
__________
Before Kerr LCJ and Weatherup J
__________
KERR LCJ
Introduction
[1] This is an application by the Director of Public Prosecutions for judicial
review of the decision of Kenneth Nixon, a resident magistrate sitting at
Belfast Magistrates’ Court on 29 March 2006, refusing an application made by
the prosecution that the case against one Jonathan le Mahieu be adjourned.
The background facts
[2] The defendant, Mr le Mahieu was arrested on 9 December 2004 in a flat
at 14 Parkville Court, Belfast on a charge of having burgled the premises. He
subsequently appeared on that charge at Belfast Magistrates’ Court. The case
was adjourned on a number of occasions while the prosecution papers were
prepared. On several of these occasions the defendant failed to appear and on
17 February 2005 a bench warrant was issued for his arrest. He was later
released on bail and again failed to appear and a second bench warrant had to
be issued on 1 September 2005. He was again released on bail and again
failed to appear in court on three further occasions. Eventually, however, the
case was fixed for hearing on 29 March 2006.
[3] The prosecution case against the defendant was that late on the
evening of 9 December 2004 he broke a window at the rear of 14 Parkville
Court and thereby gained entry. When police were called to the scene they
tried to gain admittance by knocking repeatedly on the front door. Although
a male person (subsequently found to be the defendant) could be observed
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In the matter of an application for Judicial Review by Belfast City Council
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