Courts / Dublin / Report

Appeal court hears argument over hostile witness issues

Date
2018-02-01

Stage
Appeal

Primary locality
Ballymun

County
Dublin

Summary

The Court of Appeal has reserved judgment on an appeal by Brian McHugh, who was found guilty of robbing a woman of her phone in Swords on January 13, 2014. McHugh, who pleaded not guilty at Dublin Circuit Criminal Court, was sentenced to four years' imprisonment by Judge Pat McCartan on June 16, 2016. His barrister, Michael O'Higgins SC, argued that the trial judge erred by refusing to admit a witness's statement under section 16 of the Criminal Justice Act 2006. The defence contended that this provision, typically used by the prosecution to admit statements from hostile witnesses, should have allowed the admission of a "mixed statement" that both parties agreed was critical. O'Higgins SC submitted that the failure to put this evidence before the jury rendered the trial unfair, as the prosecution is obliged to call all relevant evidence. Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice John Hedigan, noted that if the witness was an accomplice, the prosecution would not be obliged to call them. The court has not yet delivered its decision, and the matter remains adjourned pending the reserved judgment.

Who, what, where, when and why

What: Report matter: Appeal court hears argument over hostile witness issues. Charges or matters: robbery of a phone from a woman in Swords on January 13, 2014. Procedural stage: appeal. Findings: Found guilty

When: