Brian Rattigan v DPP [2008] IESC 34; [2008] 4 IR 639 was an Irish Supreme Court case in which the Court ruled that a criminal trial would be prohibited where prosecutorial delay or adverse pre-trial publicity created a substantial risk of unfairness to the accused.
Background
On 25 August 2001 Declan Gavin was killed on Crumlin Road, Dublin 12. There had been an altercation involving passengers in a Nissan Micra car outside an Abrakebabra. From this car a person jumped out wearing a balaclava and holding a knife. This person then stabbed Declan Gavin, Gavin ran inside the Abrakebabra followed by the man brandishing a knife. The man with the knife did not gain entrance to the fast food restaurant as the security guard closed the door. After multiple failed attempts of forcing entry to the Abrakebabra he ran back to the car and sped off. There was a palm print in what appeared to a blood like substance on the window of the fast food restaurant, this print was identified as Brian Rattigan's palm print. Subsequently, a finger print from the door of Abrekabara was also found to be Brian Rattigans.
Rattigan was then arrested by the Gardaí and interviewed. Interviews were conducted and recorded on paper however Rattigan refused to sign any of these. Within these interviews Rattigan was "evasive and maintained that he had not been near Crumlin Shopping Centre for a considerable time." Rattigan claimed that he was not in the vicinity of Crumlin Road on the 25th August 2001 nor was he near this place for several months. He made claims that he was having sexual relations with a married woman and refused to name the woman on the night of the attack on Gavin. However, this alibi was lacking any sufficient detail or supporting evidence. He then said that he was at his brother Joey's birthday party and that he did not leave this event all night. He made the comment that he will not admit anything and that it was the job of the Gardaí to prove it. When asked about his presence in the Nissan Micra car he said he could not remember. The many answers given by Rattigan were conflicting, at one stage he was at the party, then others he could not remember his whereabouts, other times when answering his affair with the married woman was his answer but when pressed on this issue he claimed not to be with her on the 25th August 2001.
The glass window in Abrakebabra was replaced the previous week to the murder of Gavin and this window is cleaned around three times a week. Also of note the Nissan Micra which was at the scene of the stabbing was found burning in the Cookstown Industrial Estate shortly after the stabbing. This car was also stopped by a member of the Gardaí and it was confirmed that Shane Moloney and Joey Rattigan the brother of Brian Rattigan, were in the car.
This case based on the facts above appeared before the High Court, however issues arose in the fact that there was extreme delay by the DPP in bringing proceedings against Rattigan. There were severe delays in the production to the court of a book of evidence. This along with the media coverage of the legal proceeding was a contentious matter as Rattigan argued.
Holding of the Supreme Court
Mr Justice Geoghan of the Supreme Court delivered the decision in this case of Rattigan's appeal of the decision of Mr. Justice O'Higgins in the High Court.
Rattigan made an application for judicial review on multiple grounds. In the High Court the injunction was refused against the DPP. The injunction was requested on three grounds, prosecutorial delay in bringing the prosecution, the alleged prejudicial media coverage which was proposed to negatively impact on Rattigan's chances of receiving a fair trial and finally it was alleged that there was a lack of recording of interviews.