The High Court has refused an application to prohibit continuing District Court criminal proceedings against John Stirling, who argued that missing CCTV footage put his chance of a fair trial at risk.
The footage related to events in the early hours of 3 March 2009, when a group of young people were observed on CCTV in Dublin’s Aston Quay area kicking a telephone box and windows. Garda Monaghan, working from Pearse Street Garda Station, relayed what he saw to other gardaí, who later arrested Stirling in the Temple Bar area. Stirling was charged with criminal damage and public order offences.
When the defence sought disclosure, it emerged that the CCTV footage had been mislaid and was unavailable. The District Court refused an application to dismiss the proceedings on 23 July 2009. Stirling then sought judicial review, arguing that the footage was the sole evidence against him and that its absence prevented the defence from testing identification, picture quality and the witness’s account. He also said it would hinder cross-examination of Garda Monaghan, who had watched the events on CCTV.
The respondents argued that a criminal trial already under way should only be interrupted in exceptional circumstances. They said the Garda’s real-time observations amounted to direct evidence and could be tested in cross-examination. They also submitted that the trial judge could address any prejudice through rulings and directions.
Mr Justice Hedigan said the District Court case had commenced and the trial judge had already considered the issue. He held that High Court intervention was not appropriate, noting there was no submission that District Judge Collins would conduct the proceedings unfairly. The judge had indicated that any prejudice arising during the rest of the hearing would be addressed by the trial judge.
The High Court judge added that, in his view, the case was not in reality a missing-evidence case. He described the footage’s loss as unfortunate and indicative of inefficiency in Garda storage and filing procedures, which he said should be tightened. But he considered the loss was not fatal to the prosecution: Garda Monaghan could be questioned about his recall, view, picture quality and opportunity to observe. Whether to ask to see similar CCTV footage was a matter for the trial judge.
The court refused the relief sought, finding that Stirling had not shown a real and serious risk of an unfair trial. It left questions about the reliability and admissibility of evidence to the District Court trial judge.