Teenager seeks High Court halt to trial over alleged prosecutorial delay
In early 2020 a man, then 15 and now 19, is alleged to have been in a physical altercation near a Co Kildare railway station with three teenagers and two males, and one male is alleged to have received cuts to his stomach, arm, thigh, leg and knee. Gardaí arrested, fingerprinted and interviewed him a few days later. He was charged in September, about 43 months after the incident, with assault causing harm and with producing an article in the course of a dispute, and was sent forward for trial before the Circuit Criminal Court last October. He has brought a High Court judicial review against the DPP, arguing the delay is inexcusable and seeking to halt the prosecution, and Ms Justice Niamh Hyland granted him permission to bring the challenge on an ex parte basis and returned the matter to a date next month, with no trial date fixed.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court19 Feb
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- The accused is alleged to have been in a physical altercation with three teenagers and two males in early 2020.
- One of the males is alleged to have received cuts to his stomach, arm, thigh, leg and knee.
- Where
- The incident is alleged to have occurred near a Co Kildare railway station.
- When
- The accused was aged 15 years when the incident is alleged to have occurred.
- The accused was charged in September, about 43 months after the incident.
- Investigation
- Gardaí arrested, fingerprinted and interviewed the accused a few days after the alleged incident.
- Charges
- The accused has been charged with assault causing harm, contrary to section 3 of the 1997 Non-Fatal Offences Against the Person Act.
- The accused has been charged with producing an article in the course of a dispute, contrary to section 11 of the 1990 Firearms and Offensive Weapons Act.
- In court
- The accused was sent forward for trial before the Circuit Criminal Court last October.
- The accused has brought judicial review proceedings in the High Court against the DPP seeking to stop his prosecution.
- Ms Justice Niamh Hyland granted the accused permission to bring the challenge on an ex parte basis and returned the matter to a date next month.
- Other details
- The accused argues the delay in prosecuting him is inexcusable and unexplained.
- No date has been fixed for the accused's trial.
11 statements extracted from the articles
- whatThe accused is alleged to have been in a physical altercation with three teenagers and two males in early 2020. (irishtimes.com)
- whatOne of the males is alleged to have received cuts to his stomach, arm, thigh, leg and knee. (irishtimes.com)
- whereThe incident is alleged to have occurred near a Co Kildare railway station. (irishtimes.com)
- investigationGardaí arrested, fingerprinted and interviewed the accused a few days after the alleged incident. (irishtimes.com)
- chargeThe accused has been charged with assault causing harm and with producing an article in the course of a dispute. (irishtimes.com)
- courtThe accused was sent forward for trial before the Circuit Criminal Court last October. (irishtimes.com)
- courtThe accused has brought judicial review proceedings against the DPP seeking to stop his prosecution. (irishtimes.com)
- courtMs Justice Niamh Hyland granted the accused permission to bring the challenge on an ex parte basis and returned the matter to a date next month. (irishtimes.com)
- otherThe accused was not charged until September, about 43 months after the incident. (irishtimes.com)
- otherThe accused argues the delay in prosecuting him is inexcusable and unexplained. (irishtimes.com)
- otherNo date has been fixed for the accused's trial. (irishtimes.com)
The reporting
newest first- 19 Feb2024Man (19) brings case aimed at halting criminal trial due to alleged prosecutorial delay
Reports the accused's High Court judicial review against the DPP, arguing an inexcusable delay of about 43 months before charge. Gives the charges, the sending forward for trial, and the ex parte permission granted by Ms Justice Niamh Hyland; no trial date has been fixed.
accused, 19, malevictim, male