Courts / Dublin / Report
Cases of three accused of posting pictures of Kriegel murderers should not be returned to lower court, State argues
Summary
The State has appealed a High Court ruling that quashed a District Court judge's refusal to hear cases against three individuals accused of breaching publication restrictions under the Children Act 2001. The accused, Edel Doherty, Kyle Rooney, and Declan Corcoran, are alleged to have posted photos or named the teenage boys convicted of murdering Ana Kriegel in 2018. In July last year, Ms Justice Siobhán Phelan ordered the matter returned to the District Court for reconsideration, finding that Judge John Hughes' approach to jurisdiction was unfair. Today, at the Court of Appeal, the State argued that no breach of natural justice occurred and that the High Court erred in its decision. Counsel for the appellants contended that the cases were distinct, with Mr Corcoran accused of naming the boys, causing potentially more serious harm. The court noted that the Director of Public Prosecutions had consented to summary trials at the District Court level. The presiding judge, Mr Justice George Birmingham, reserved his judgment in the matter.
Who, what, where, when and why
What: Report matter: Cases of three accused of posting pictures of Kriegel murderers should not be returned to lower court, State argues. Charges or matters: the posting of photos of the two boys on Twitter. Procedural stage: appeal
When:
- October 2020 Hearing Or Sentence
- December 2, 2020 Hearing Or Sentence
- May 2018 Incident
- December 2020 Adjournment
- 2023-05-02 Publication
Why: Ms Justice Phelan quashed Judge Hughes' decision, saying the manner in which the judge approached the issue of jurisdiction was unfair because he did not address the cases individually or give reasons for the change. CNI source report
Case subjects
Appellant
Outcome: The barrister said it "couldn't be that the cases were all identical". "We say matter was properly dealt with by Judge O'Shea, who adjourned matters to December 2020 for a plea or a date for hearing.
Convicted Person
Charges: the posting of photos of the two boys on Twitter (Alleged Or Contested)
Outcome: The barrister said it "couldn't be that the cases were all identical". "We say matter was properly dealt with by Judge O'Shea, who adjourned matters to December 2020 for a plea or a date for hearing.
Appellant
Charges: the posting of photos of the two boys on Twitter (Alleged Or Contested)
Outcome: The barrister said it "couldn't be that the cases were all identical". "We say matter was properly dealt with by Judge O'Shea, who adjourned matters to December 2020 for a plea or a date for hearing.
Places mentioned
- High Court
- Dublin
- Dublin District Court
- Court of Appeal
- Rory O'Connor House
- Hardwicke Street
- Dublin
- Rathfield Park
- Williams Place
Topics
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