Courts / Ireland / Report
District Court order over medical records of murder trial witness is quashed
Summary
In a 2016 case, a witness in a murder trial involving a UK citizen who killed an Irish citizen was sought by UK authorities for her medical records. The witness, whose identity is protected, had previously testified in a UK trial that was aborted and was set to testify again in a retrial. UK defence lawyers argued her evidence might not be fully reliable, prompting a request for her medical records. The Irish Minister for Justice received a letter for mutual assistance and nominated a District Court judge to order the records. Three witnesses, including a nun, the witness's GP, and an HSE patient services officer, were summoned to provide the records. The witness challenged the orders. The Court of Appeal, led by Mr Justice John Edwards, found the District Court judge acted beyond his powers, noting insufficient consideration of the witness's constitutional right to privacy and lack of evidence of countervailing interests.
Who, what, where, when and why
What: Report matter: District Court order over medical records of murder trial witness is quashed. Procedural stage: appeal
When:
- May 13 Hearing Or Sentence
- 2016-11-30 Publication
Case subjects
Accused
Places mentioned
- Court of Appeal
Topics
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