The High Court has advised that a person may be prosecuted summarily even where the investigation began with a complaint made by that person, and that no formal complaint against an accused is required before a prosecution is initiated.
The judgment, delivered by Mr Justice Charleton on 14 March 2007, answered a question referred by District Judge Mary C. Devins under the case-stated procedure. It concerned a prosecution of Tony Monaghan over a brawl at Teach John Joe’s public house in Eachléim, near Béal an Mhuirthead, County Mayo, on 13 August 2004.
Monaghan faced charges of assaulting publican John Gallagher, contrary to section 2 of the Non-Fatal Offences Against the Person Act 1997, and disorderly conduct on licensed premises under the Intoxicating Liquor Act 2003. The hearing in County Mayo on 12 October 2005 reached the direction stage. The defence argued that the prosecution was fundamentally flawed because Gallagher, or anyone else, had made no formal complaint against Monaghan.
The judgment records that evidence at the hearing included an alleged assault on Gallagher, a punch thrown at another barman, objects being struck or thrown, and Monaghan walking through the premises and bumping into people. These were accounts presented in the District Court proceedings; the High Court was not deciding whether the charges were proved.
The background to the referral was that Monaghan had complained to gardaí on 18 August 2004 that someone had assaulted him. After reviewing the files, the Director of Public Prosecutions decided that Monaghan should be charged. The State argued that a prior complaint by the person ultimately prosecuted was not necessary to begin criminal proceedings.
Charleton said the validity of a prosecution does not depend on a complaint. He reasoned that criminal prosecution concerns the community’s interest, and that the DPP may investigate apparent offences and prosecute those considered potentially responsible, subject to constitutional requirements of fairness and fair procedures.
The court answered the District Judge’s question in the affirmative: an accused can be prosecuted summarily on evidence gathered following that accused’s own complaint, without a formal complaint against them. The High Court’s advice resolved that legal question. The judgment does not record a verdict on either charge or an order determining Monaghan’s guilt.