Courts / Dublin / Report
Accused attending court in PPE would undermine fair trial rights, judge finds
Summary
The High Court adjourned the trial of a remand prisoner because the accused would have to appear in full personal protective equipment (PPE). Judge Paul McDermott expressed concern that wearing a hazmat suit during proceedings would compromise the man's constitutional right to a fair trial. The prisoner is held at Cloverhill Prison, where an outbreak has forced most of the facility to close and staff and inmates to undergo repeated testing. Prison governor Anthony Harris explained that bringing the accused to court would risk re‑infection and that the prison's staff were the primary danger. McDermott noted that the court must avoid creating an environment that isolates the accused in a white suit surrounded by others in PPE, as that would not be conducive to a fair trial. The case was postponed until December 6, with the judge awaiting confirmation that a safe trial could proceed.
Who, what, where, when and why
What: Report matter: Accused attending court in PPE would undermine fair trial rights, judge finds. Procedural stage: charge_or_pretrial
When:
- December 6 Hearing Or Sentence
- 2021-11-19 Publication
Why: The governor said that if he was ordered by the judge to bring the accused to court then he would but because prisoners are mixing in pods, the accused could be reinfected. CNI source report
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