Courts / Dublin / Report

Accused attending court in PPE would undermine fair trial rights, judge finds

Date
2021-11-19
Stage
Charge Or Pretrial
Primary locality
Dublin
County
Dublin

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:

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

Places mentioned

Facility
  • Cloverhill Prison
Secondary Mention
Court Venue
  • High Court
  • Central Criminal Court

Topics

Stage Charge Or Pretrial

Related court reports

Read the original CNI report

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