Courts / Ireland / Report

Judge wrong to direct acquittal but court won't order retrial in false imprisonment case

Date
2021-02-09

Stage
Appeal

Summary

The Court of Appeal has ruled that a trial judge erred in directing the acquittal of an unnamed 60-year-old woman and a younger male accused of falsely imprisoning a teenage boy on September 14, 2015. The woman faced one count of false imprisonment, while the younger accused faced two counts. Although the Director of Public Prosecutions appealed the acquittal and sought a retrial, the three-judge panel, led by Mr Justice Brian Murray, refused to order a new trial. The court determined that it would not be in the interests of justice to proceed, citing that a third trial would occur six years after the alleged incident. A key factor was the younger accused's subsequent conviction for a separate crime, which the court found would impair his ability to defend himself by introducing evidence of the alleged injured party's prior offending. Additionally, the alleged injured party's reluctance to give evidence, having previously stated he was in fear for his life, contributed to the decision. The appeal court concluded that while the trial judge was wrong to direct a not-guilty verdict before jury deliberations, the combination of these factors rendered a retrial inappropriate.

Who, what, where, when and why

What: Report matter: Judge wrong to direct acquittal but court won't order retrial in false imprisonment case. Charges or matters: two counts of falsely imprisoning another teenage boy on September 14, 2015; one count of falsely imprisoning the same person. Procedural stage: appeal. Findings: Convicted

When:

September 14, 2015 Incident
2021-02-09 Publication

Why: In relation to the younger of the two, he said he had lost a potential advantage in defending the case because he has been convicted of another offence since the last trial. Defence account reported by CNI