DPP wins appeal over acquittals in spouse-evidence case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Director of Public Prosecutions successfully appealed the acquittals of two men in a case about whether their partners could be compelled to give evidence against them. The Court of Appeal gave judgment on 17 January 2019.

Both men had been charged with a single count of attempting to pervert the course of justice in 2012. The report said the alleged evidence against them was in statements made by their partners, which were sought to be admitted under the Criminal Justice Act 2006.

At trial, defence lawyers successfully argued that the women were in ongoing relationships with the accused and could not be compelled to testify, even though they were not married. The trial judge ruled the evidence inadmissible and directed that the men be acquitted.

The DPP’s appeal was initially brought with a view to a retrial, but the men had since married their partners and a retrial could no longer arise. The appeal proceeded without prejudice on a point of law.

Giving judgment, Court of Appeal president Mr Justice George Birmingham said the reference to a spouse in the Criminal Evidence Act 1992 meant only a married spouse. He said arguments for extending the protection to other relationships were for the legislature.