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High Court clarifies law on convicted persons seeking access to forensic material gathered during investigation

Summary

In a significant judgment delivered on Friday, Mr Justice Paul McDermott ruled that John Gerard McDonagh, convicted in 2001 of the murder and rape of Siobhán Hynes, is not entitled to High Court orders seeking access to forensic evidence. The court dismissed McDonagh's judicial review proceedings against the Garda Commissioner and the Attorney General, holding that the High Court lacks jurisdiction to grant such orders. However, the judge clarified that the Court of Appeal possesses ample jurisdiction under Section 2 of the 1993 Criminal Procedure Act to determine applications for access to forensic material, such as clothing, fibres, and nail clippings, for new DNA testing. McDonagh, who pleaded not guilty and maintains his innocence, was sentenced to life imprisonment for murder and ten years for rape. The judge stated that while there is no absolute obligation on the Garda Commissioner to facilitate re-investigation, the Commissioner must provide adequate reasons for any refusal. The judgment affirmed that if new evidence establishes innocence, the conviction should be quashed, but such applications must be directed to the Court of Appeal rather than the High Court.

Who, what, where, when and why

What: Report matter: High Court clarifies law on convicted persons seeking access to forensic material gathered during investigation. Procedural stage: appeal. Findings: Convicted

When:

• 6 December Hearing Or Sentence
• 2015-06-19 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report