Supreme Court dismisses appeal after reckless endangerment acquittal

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

The Supreme Court dismissed a man's appeal concerning the procedure that led to his acquittal on a reckless endangerment charge. The Director of Public Prosecutions' legal appeal was brought without prejudice to the not-guilty verdict.

The man had also been charged with dangerous driving, driving without a licence and using a vehicle without insurance. All charges were listed for trial at Longford Circuit Court on 15 November 2017. The trial judge directed the jury to return a not-guilty verdict on the endangerment charge, while the other charges were to proceed.

The DPP sought a ruling on whether the trial judge was correct to direct the acquittal where the investigation did not indicate that the accused had been interviewed. On 22 January 2021, the Court of Appeal held that the judge had taken an incorrect approach. The man appealed, arguing that the decision raised concerns about fair procedures and his right to a fair trial.

In a judgment dated 24 October 2022, Mr. Justice John MacMenamin said the procedure adopted by the trial judge was not in accordance with law. The Supreme Court held that an issue about the opportunity to be questioned and respond should have been raised during the trial and assessed on the evidence.

The court said constitutional rights to silence and protection against self-incrimination remained guaranteed, and a person under investigation was entitled to fairness. If fundamental unfairness was found, the judge should make orders or directions necessary to remedy it; stopping a trial would arise only in a truly exceptional case. The Supreme Court affirmed the Court of Appeal's order and answered the legal question in the negative.