Courts / Dublin / Report
DPP's "quasi-immunity" from giving reasons for prosecutorial decisions no longer "justifiable", court told
Summary
In a 2016 Court of Appeal hearing, lawyers for Eric Eoin Marques, a 30‑year‑old Irishman accused by the FBI of running a child‑pornography site, argued that the Director of Public Prosecution (DPP) no longer had a "quasi‑immunity" to refuse to give reasons for its decision not to prosecute him in Ireland. Marques, who has been in custody since 2013 and whose extradition to the United States was ordered by the High Court, appealed a judicial review of the DPP's refusal. Counsel Micheál P O'Higgins cited the Supreme Court's *Murphy* decision, which required the DPP to provide reasons for prosecutorial decisions, and argued that the refusal was unjustifiable. The DPP's counsel, Patrick McGrath, countered that no constitutional right was infringed and that the refusal was based on public‑interest considerations. The case was set to resume the following day.
Who, what, where, when and why
What: Report matter: DPP's "quasi-immunity" from giving reasons for prosecutorial decisions no longer "justifiable", court told. Procedural stage: appeal
When:
- August 2013 Incident
- 2016-06-22 Publication
Why: Mr O'Higgins said the DPP's "blanket" refusal to give reasons for its decision was like telling a child they can't go to the cinema 'because I say so'. CNI source report
Places mentioned
- Mountjoy
- Mountjoy Square
- High Court
- Court of Appeal
- Special Criminal Court
- Supreme Court
- The High Court
Topics
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