Director of Public Prosecution's Application
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NIQB 4 |
| Date | 24 January 2013 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2013] NIQB 4
Ref:
COG8726
Judgment: approved by the Court for handing down
Delivered:
24/01/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Director of Public Prosecutions Application [2013] NIQB 4
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW BY THE DIRECTOR OF PUBLIC PROSECUTIONS
_________
DIVISIONAL COURT
_________
Before: Morgan LCJ, Girvan LJ and Coghlin LJ
________
Coghlin LJ (delivering the judgment of the court)
[I] This is an application by the Director of Public Prosecutions (“DPP”) for leave
to apply for judicial review of a decision by District Judge (MC) Kelly (“the
respondent”), sitting at Omagh Magistrates’ Court, whereby she dismissed a charge
of careless driving brought against Mary McVeigh (the “notice party”) on the
grounds there was no case to answer. The DPP claims that this decision was
irrational as it was taken by the respondent prior to the end of the prosecution case
coupled with a refusal to permit the prosecutor to call further witnesses. Mr David
McAlister appeared on behalf of the applicant while the respondent was represented
by Mr Mark Robinson and the notice party was represented by Mr Rory Fee. The
court is grateful for the assistance that it has derived from the well prepared and
helpful oral and written submissions of counsel. With the benefit of counsels’
submissions and oral argument we decided to grant leave and proceeded to hear the
substance of the matter.
Background facts
[2] On 1 November 2011 Catherine Barrett (“the injured party”) was driving back
to work along the Corradina Road, Omagh after her lunch-break. As she turned
To continue reading
Request your trial