Courts / Dublin / Report

Man accused of public urination given relief to challenge indecent exposure law

Date
2016-10-25

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

In a case heard by the Court of Appeal, Tezaur Bita, who was charged with public urination under section 5 of the Summary Jurisdiction (Ireland) Amendment Act 1871, was granted leave to challenge the constitutionality of the indecent exposure offence. Bita allegedly parked on Old Nangor Road on 27 August 2015 and relieved himself in bushes, an act witnessed by a Garda who arrested him. His lawyers argued that the 1871 offence was too vague and uncertain, citing earlier rulings that struck down similar offences. The High Court had dismissed his bid for prohibition in May, but Bita appealed. The Court of Appeal, with Justice George Birmingham presiding, found the argument that the section was impermissibly vague and unconstitutional to be arguable and granted leave. Justices Garrett Sheehan and Alan Mahon agreed.

Who, what, where, when and why

What: Report matter: Man accused of public urination given relief to challenge indecent exposure law. Procedural stage: appeal

When:

August 27, 2015 Incident
2016-10-25 Publication

Why: Counsel for Mr Bita, Conor Devally SC, argued that the "Victorian" 1871 offence was unconstitutional because it was too vague and uncertain. CNI source report