Courts / Cavan / Report
Ruling on dangerous driving causing death trial overturned
Summary
The Court of Appeal has overturned a Circuit Court ruling that a man was unfit to stand trial for dangerous driving causing death. Robert Harrison, aged 25, of Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a passenger died and another was seriously injured. Judge Pauline Codd had determined in July 2014 that Mr Harrison was unfit to be tried. The Director of Public Prosecutions appealed that determination. Mr Justice John Edwards, delivering judgment, found the original ruling was erroneous in principle. He stated that the trial judge had conflated the question of fitness to plead with whether a fair trial could be afforded, and that the public interest in prosecution had not been properly weighed against the defendant's trial rights. The court indicated the case should proceed to trial, with the trial judge to review its viability. Mr Harrison was remanded on bail pending the next sitting of Cavan Circuit Criminal Court in November.
Who, what, where, when and why
What: Report matter: Ruling on dangerous driving causing death trial overturned. Charges or matters: dangerous driving causing the death of his 19-year-old passenger Nicola Roberts and serious bodily harm to another passenger in a crash at Drung, Cootehill, County Cavan on November 11, 2009. Procedural stage: appeal
When:
- November 11, 2009 Hearing Or Sentence
- January 2009 Hearing Or Sentence
- July 14, 2014 Incident
- November 2009 Incident
- November 22 Adjournment
- 2016-07-07 Publication
Case subjects
Appellant
Charges: dangerous driving causing the death of his 19-year-old passenger Nicola Roberts and serious bodily harm to another passenger in a crash at Drung, Cootehill, County Cavan on November 11, 2009 (Alleged Or Contested)
Outcome: Mr Harrison was remanded on bail to the next scheduled sitting of Cavan Circuit Criminal Court which, the court heard, is expected to be November 22.
Places mentioned
- Court of Appeal
- Cavan
- Cavan Circuit Criminal Court
- Central Mental Hospital
Topics
Related court reports
- Court refuses to reduce sentence for brothel keeper caught with child abuse material
- 'Wouldn't be out of place in a Tarantino movie': Lunney kidnappers challenge sentences for 'animalistic' torture and abduction
- 'A shocking, shocking tragedy': man must first serve six-year term for trying to murder father before starting life sentence for murdering mother, judge rules
- 'We never expected him to be grateful. But we never expected murder': man apologies to family for murdering mother and trying to murder father
- No jail for passenger who sexually assaulted Ryanair cabin crew member
- Former accountant went on 'nationwide tour' with bank card stolen from hospital patient
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request