‘BLAYNEY MAN MAKES LEGAL HISTORY

8 March 2013 No Comments by The Northern Standard

By PATSY McARDLE

A CASTLEBLAYNEY man has made legal history in the area, by succeeding in a High Court Judicial Review to quash an Order by a District Court judge in which a conviction was imposed, when he appeared as a witness in a Public Order prosecution! .
The Judicial Review ruling was issued last week by the High Court Registrar Angela Denning, in the case in which the landmark application was brought by John Burns, senior, of Crinkill, Doohamlet, against a ruling by District Court judge Patrick Durcan at Carrickmacross District Court on February 1st 2012.
According to Mr. Burns, it was the first time in the history of the State that a witness appearing in court received a suspended sentence!.

The Judicial Review application was taken arising from the decision made by the District Court judge when dealing with a case relating to DPP-v-Seamus Boylan.

In his High Court challenge to quash a suspended prison sentence, Mr. Burns claimed he was never charged with any offence, did not know what the offence was of which he was apparently convicted, nor was he made aware of the length of the prison term that he purportedly received.

Lawyers acting on Mr. Burns’ behalf also submitted that the conviction and sentence were made “in excess of jurisdiction” and should be set aside.

Mr. Tom Fitzpatrick, the Counsel representing Mr. Burns in the High Court, said his client was merely a witness in a case involving another person who was accused ..

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