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Irish Court of Criminal Appeal
You are here: BAILII >> Databases >> Irish Court of Criminal Appeal >> D.P.P. (People) v. Shanahan & Anor [2008] IECCA 76 (26 May 2008)
URL: http://www.bailii.org/ie/cases/IECCA/2008/2008_IECCA_76.html
Cite as: [2008] IECCA 76
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Neutral Citation: [2008] IECCA 76
COURT OF CRIMINAL APPEAL 130 & 131CJA/07
Finnegan J.
Herbert J.
de Valera J.
IN THE MATTER OF SECTION 2 CRIMINAL JUSTICE ACT 1993
THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
.v.
MICHAEL (otherwise JACKIE) SHANAHAN AND DOMTEX LIMITED
RESPONDENTS
Judgment of the Court (ex tempore) (on costs) delivered on the 26th day of May 2008 by Finnegan J.
In this matter there being a consent in the sense that the jurisdiction of this court to make the order sought is not in issue and that the cases of the Director of Public Prosecutions v Hughes Court of Criminal Appeal, unreported, 27th March 2000 and the Director of Public Prosecutions v Redmond, unreported, Court of Criminal Appeal, 29th March 2001 correctly state the law the court proposes to deal with the matter on its merits.
The position here is that the section 2 notice was served one day out of time and this was apparently not adverted to until it was drawn to the Director's attention on the 7lh November 2007. At that date the second named respondent sought to have a preliminary issue as to whether the notice was out of time determined. The matter
-2-
appeared in the management list for this court on the 10th December and was adjourned to the 3rd March and again adjourned to the 15th April on which day the application was withdrawn on consent.
In these circumstances the court is satisfied that the justice of the case is met if the respondents, that is each of the respondents, are awarded their costs of this matter limited to the costs incurred in relation to the issue of the application being brought out of time. Such costs to be taxed in default of agreement.
DPP v Shanahan & Anor