Men’s acquittals appealed in perverting justice case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Director of Public Prosecutions successfully appealed the acquittals of two men on a point of law in the Court of Appeal on 17 January 2019. A retrial could not arise because the men had since married their partners, the court heard.

Each man had been charged with a single count of attempting to pervert the course of justice in 2012. The report described them as persons of interest in relation to a murder in County Tipperary. It said the alleged effective evidence against them was in statements made by their partners, which were sought to be admitted under the Criminal Justice Act 2006.

At trial in the Circuit Court, defence lawyers successfully challenged the admissibility of the evidence. They argued that, although the women were not married to the men at the time, their ongoing relationships meant they should be regarded as spouses who could not be compelled to testify. The trial judge directed the men’s acquittals.

The appeal had originally been brought with a view to a retrial, but was advanced without prejudice on a point of law after the marriages. Giving judgment, Court of Appeal president Mr Justice George Birmingham said the reference to a spouse in the Criminal Evidence Act 1992 meant only a married spouse. He said any extension of the protection to other relationships was a matter for the legislature.