Judgment Title: D.C. -v- DPP
Composition of Court: Denham J., Mc Guinness J., McMenamin J.
Judgment by: Denham J.
Status of Judgment: Approved
Appeal dismissed - affirm High Court Order
Mc Guinness J., McMenamin J.
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(ii) An Injunction restraining the first named respondent from taking any further steps in the Central Criminal Court proceedings, the subject matter of the within judicial review proceedings.
(iii) A Declaration that the respondent acted otherwise than in accordance with the principles of natural and constitutional justice and otherwise than in accordance with law and otherwise than in accordance with fair procedures with the result that the applicant is precluded from receiving a trial in accordance with Article 38.1 of the Constitution of Ireland and Article 6 of the European Convention of Human Rights.
(v) A Declaration by way of Judicial Review that the said unidentified parties are material to the proper preparation of the applicant's defence to the charges contained upon the indictment on Bill Number CC0026/03 and that without such material information the applicant's defence will be prejudiced.
(vi) A Declaration that the failure and or inability to ascertain the identity of the said individuals amounts to an inability to seek out and preserve all material evidence relevant to the investigation of the alleged offences.
(2) ( a ) The judge shall not give leave in pursuance of subsection (1) for any evidence or question except on an application made to him, in the absence of the jury, by or on behalf of an accused person.
(4) Nothing in this section authorises evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.”