The High Court has dismissed an appeal by Phillip Marley against a Circuit Criminal Court decision refusing to split an indictment concerning alleged offences linked to two properties. Ms Justice Niamh Hyland ruled on 30 March 2022 that the High Court had no jurisdiction to hear a criminal appeal from the Circuit Court.
Marley was awaiting trial on eight counts, including charges relating to the alleged registration of a false deed, fraudulent procurement of entries in the Property Registration Authority register, theft and money laundering. The judgment does not determine those charges. They relate to, or arise from, the alleged fraudulent registration of two properties.
Marley, who represented himself, had asked the Circuit Criminal Court to divide the counts into two indictments, one for each property. President Ryan refused that request on 31 January 2022. Marley then sought orders in the High Court under section 6 of the Criminal Justice (Administration) Act 1924 to amend the indictment and separate the charges into two trials.
The Director of Public Prosecutions objected, arguing that the High Court had no jurisdiction over appeals from the Circuit Court’s criminal division and that there was no right to appeal a decision made during a criminal trial. The DPP relied on statutory provisions governing appeals against conviction or sentence. The judgment records that the 2021 Act, which includes a provision on appeals from certain pre-trial decisions, did not apply to this case because it came into force after the relevant events. Justice Hyland said it did not assist in deciding the issue.
The judge held that section 38 of the Courts of Justice Act 1936 gives the High Court appeal jurisdiction in civil matters, not criminal ones. She concluded that any appeal from the Circuit Court in a criminal matter would lie, if available, to the Court of Appeal, and that she could not hear Marley’s appeal. Because of that conclusion, she did not decide whether a refusal to sever an indictment could otherwise be appealed.
Marley also asked the High Court to state a case to the Supreme Court. Justice Hyland ruled that section 38(3) of the 1936 Act applies only to civil matters and could not support such a request in a criminal matter. The court declined jurisdiction and dismissed the appeal. It made no ruling on the underlying charges or on the merits of the severance request.