Judgment Title: D.P.P.-v- Demot Laide & Desmond Ryan
Composition of Court: McCracken J., Murphy J., Peart J.
Judgment by: McCracken J.
Status of Judgment: Approved
Outcome: Award costs to appelant
COURT OF CRIMINAL APPEAL
59/04 & 65/04
The People at the suit of the Director of Public ProsecutionsRespondent
Dermot Laide and Desmond RyanAppellants
Judgment of the Court delivered on the 7th day of July 2005 by McCracken J. (Costs)
The Court has already announced its decision to award the costs of the appeal to the Appellant Desmond Ryan.
In relation to the Appellant Dermot Laide, s.4 of the Criminal Procedure Act 1993 provides that where a person is ordered to be retried for an offence and a legal aid certificate does not apply, the Court of Criminal Appeal may order that the costs of the appeal and of the new trial, in whole or in part, be paid by the State, unless the Court is of opinion that the necessity for the appeal and the new trial has been contributed to by the defence. The Court is satisfied in the present case that the necessity for the appeal and new trial had not been contributed to by the defence.
The Court recognises the complexities of this case, and in particular of the appeal, and, notwithstanding that the Appellant Dermot Laide qualified for legal aid, but did not at the time of the appeal hold a certificate to that effect, and notwithstanding that his conviction on the charge of violent disorder was upheld, in its discretion feels that justice requires that the costs of the appeal and of the retrial should be paid in whole by the State.