The High Court directed the Courts Service to provide the Director of Public Prosecutions (DPP) with a copy of a statement made by Thomas Byrne in civil proceedings, provided a copy had been retained on the court file. The order concerns access to the document; it does not decide whether the statement is admissible at Mr Byrne’s criminal trial.
Mr Byrne, a former solicitor, faced more than 50 criminal charges under the Criminal Justice (Theft and Fraud Offences) Act 2001. The judgment said it was alleged that, in his legal practice, he defrauded banks and credit institutions through property transactions involving clients and loans. His trial was due to begin in the Circuit Court on 8 October 2013 and was expected to last about ten weeks.
The statement was made in civil proceedings brought by John Kelly against Mr Byrne. Those proceedings were decided by the Commercial Court in 2011. The High Court said the statement had been opened, or effectively opened, in open court, and that Mr Byrne had been cross-examined about it. The DPP already had a transcript of the civil proceedings and might seek to put it before the criminal trial jury.
Mr Byrne opposed the DPP’s application, arguing, among other things, that the statement had been prepared under compulsion and was inadmissible. Justice Hogan said admissibility was for the criminal trial judge to decide. He expressly made no finding on whether the statement could be used at trial.
The judge relied on an earlier decision concerning material freely opened in open court without reporting or other restrictions. He said that principle did not extend to the generality of court files or to material protected by restrictions. The DPP had a good reason to seek the statement because it was relevant to the prosecution’s presentation of material, but the judgment left admissibility entirely to the trial court.
The DPP’s application had been made shortly before trial. The judge accepted that the delay was unfortunate but found no basis to refuse the request on that ground. He directed the Courts Service to provide the statement if it had been retained.