Mr Justice Hardiman said he would dismiss the Director of Public Prosecutions’ appeal and affirm J.C.’s acquittal, in a Supreme Court judgment delivered on 22 June 2015.
The judgment records the judge’s position: “I would dismiss the Appeal.” He said it was unnecessary to go beyond the reasons in his judgment of 15 April 2015.
He also said he would not direct a retrial because he considered there was no jurisdiction to do so. He noted there was no precedent, even in countries that allow a retrial after a successful appeal against acquittal, for ordering one after an acquittal where the law had since changed in favour of the prosecution.
Mr Justice Hardiman further said he did not consider a retrial would be a trial “in due course of law” under Article 38 of the Constitution. He was not confident that the procedural rules needed to ensure constitutional justice at a retrial were sufficiently clear to give both parties legal certainty about its terms.
Accordingly, under section 23(11)(b) of the Criminal Procedure Act 2010, he said he would affirm the acquittal pronounced on 19 July 2012. The supplied page gives this judge’s reasons and proposed disposition; it does not set out the other judges’ positions or the Court’s overall order.