All Cork District Court cases adjourned after High Court ruling

The only parties now entitled to prosecute a case are the particular Garda who brought the charge against the accused, or a barrister or solicitor representing the DPP

A number of cases were adjourned until June 15. Some were adjourned to the earlier date of June 7. File picture: Larry Cummins

The impact of a High Court decision on who has the legal authority to prosecute cases was felt at Cork District Court on Wednesday as every case had to be adjourned.

The High Court judgment affects district court work throughout the country. Even people accused of crimes who were pleading guilty could not have the cases dealt with in court today.

For instance, one man at Cork District Court indicated through his solicitor that he had taken a day off work to come to court to plead guilty to a charge of having a small quantity of drugs for his own use. 

The young man was particularly anxious to have the matter dealt with today as he feared that he could lose his job if he had to take another day off soon to deal with it. However, the best that could be done was to have that case adjourned until September to ease the pressure on the defendant in what is a new job.

State solicitor for Cork city, Frank Nyhan, said at the outset of the court proceedings: “The position is that following the High Court decision in the matter of DPP v Ciarán Davitt, court inspectors and sergeants have no right of audience. The DPP can only be represented by counsel or solicitor.

“My application will be to adjourn all matters to a date to be agreed. I will be making the same application tomorrow and on Friday to have all cases adjourned.

“It is hoped that by Tuesday (June 7) the State will be in a position to resume what amounts to normal service – the State will have someone here to prosecute cases.” The first cases to be called were of defendants in custody appearing by video link from prison. 

On the application of Mr Nyhan, a number of those cases were adjourned until June 15. Some were adjourned to the earlier date of June 7.

Judge Olann Kelleher said his understanding of the position, following the High Court ruling on May 31 in relation to court presenters for DPP cases, was that he could hear evidence of arrest, charge and caution, in new cases where such evidence was not challenged.

Consequences from DPP v Ciarán Davitt

The matter arose out of a judgement in a matter by Ms Justice Bolger on May 31. In effect, it found that the only parties entitled to prosecute a case are the particular member of An Garda Síochána who brought the charge against the accused person, or a barrister or solicitor representing the DPP.

This would represent a change to the procedure used in district courts throughout the country. For many years Garda Inspectors presented cases at the district court. This was changed in recent years to allow for Garda Sergeants to perform this function of ‘Court Presenter’. 

Ms Justice Marguerite Bolger has ruled that a garda sergeant acting as a court presenter does not have a right of audience to prosecute a case against a defendant. It is understood that it could take a number of weeks to bring emergency legislation to remedy the matter. 

In the meantime, it will necessitate prosecuting solicitors or barristers to represent the DPP’s office and this would need to be resourced in terms of additional personnel from the offices of state solicitors throughout the state.