The Supreme Court could not hear Liam Campbell’s appeal from a Court of Criminal Appeal judgment that had allowed an appeal, Justice Fennelly said in a judgment delivered on 23 April 2004.
Fennelly said he entirely agreed with the Chief Justice that section 29 of the Courts of Justice Act 1924 gave the Supreme Court no jurisdiction to entertain such an appeal. The judgment did not decide the underlying certified point in Campbell’s favour; Fennelly said the Court of Criminal Appeal had decided that point against him.
He described the result as “unfortunate and undesirable” and said counsel Michael O’Higgins had rightly emphasised the burden on Campbell. At the retrial, the Special Criminal Court was likely to feel bound by the Court of Criminal Appeal’s decision, Fennelly said.
The judgment did not determine the retrial’s outcome. Fennelly said that if Campbell were convicted, there would have to be a further appeal to the Court of Criminal Appeal. It might then be possible for the issue, which he described as clearly one of exceptional public importance, to be certified anew to the Supreme Court.
Fennelly said the limitations of section 29 could readily be remedied by amending legislation. The judgment records no order beyond the conclusion that the Supreme Court lacked jurisdiction to entertain this appeal.