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Brian Doolan refused Supreme Court appeal over bail refusal after jury challenge

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

Doolan, convicted in 2013 of rape and sexual offences, had sought bail while challenging the constitutionality of the Juries Act 1976.

The Supreme Court refused Brian Doolan leave to appeal in a determination delivered on 3 August 2016. Ireland and the Attorney General were the respondents.

Mr Doolan wanted to challenge a Court of Appeal judgment of 5 April 2016 that upheld the refusal of bail. He was convicted in the Central Criminal Court in March 2013 of rape, sexual assault and indecent assault, and sentenced to twelve years with two suspended. He has brought High Court proceedings claiming that parts of the Juries Act 1976 are unconstitutional because they exclude large sections of the population from juries, and he sought bail until that case is decided.

The Court of Appeal (Birmingham J., Mahon and Edwards JJ.) found he had not come close to meeting the test for bail after conviction.

The Supreme Court said it was not satisfied that the case met the constitutional threshold for a further appeal. It said the Court of Appeal had considered all of Mr Doolan's arguments, and that it was hard to see any legal error serious enough to justify another review. Bail was not necessary to prevent an injustice, it said.

Sources

Source: Courts Service of Ireland. Read the linked determination for the court’s exact decision.

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