Courts / Ireland / Report
Witness in UK murder trial challenges medical records request
Summary
The Court of Appeal has reserved judgment in an appeal concerning a request to transmit the medical records of an unnamed witness to UK authorities. The witness, who cannot be identified by court order, is involved in the retrial of a UK citizen accused of murdering an Irish citizen whose body has never been recovered. She previously testified in a UK trial that was aborted for unrelated reasons. The accused's defence lawyers have suggested her evidence may not be entirely reliable, prompting their interest in obtaining her medical records to assist the Crown Prosecution Service in its disclosure process. On May 13, a mutual assistance letter was received by the Minister for Justice, leading to the nomination of a District Court judge to take evidence. Three witnesses, including a nun, the woman's GP, and an HSE patient services officer, were summoned to appear with the relevant medical records. The woman's lawyers subsequently sought leave to apply for judicial review of the District Court judge's orders, which Mr Justice Richard Humphrey refused on November 18. In the Court of Appeal, her barrister, Tara Burns SC, argued that the Director of Public Prosecutions in Ireland could not receive the medical records of a witness in this jurisdiction, questioning how the DPP in England could. The three-judge panel reserved its judgment on the matter.
Who, what, where, when and why
What: Report matter: Witness in UK murder trial challenges medical records request. Procedural stage: appeal
When:
- May 13 Hearing Or Sentence
- November 14 Hearing Or Sentence
- November 18 Hearing Or Sentence
- 2016-11-23 Publication
Case subjects
Accused
Places mentioned
- Court of Appeal
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request