O'Callaghan v Ireland (Approved)

3.������ It must be emphasised, therefore, that this is a highly unusual case, which relates to a court structure which has since been altered with the intention of eliminating systemic delays. After his conviction in the Circuit Criminal Court on the 15th February, 2011, the appellant�s appeal to the Court of Criminal Appeal had to be adjourned on no less than five occasions, due to the unavailability of judges due to other work, before, on the sixth occasion, a date could be fixed for the appeal. This is the gravamen of the appellant�s case.

5.������ On the 18th February, 2011, the appellant filed a formal notice to the Court of Criminal Appeal appealing against his conviction. He filed general grounds of appeal on the 24th February of that year. That court requisitioned the trial transcript on the 9th March, 2011. This was received on the 30th March of that year, approved by the trial judge on the 7th April, 2011, and furnished to the appellant�s solicitors on the 26th April, 2011.

20.���� The circumstances of this case cannot be fully understood without a further description of the causes and effects of delay as given in evidence in the High Court.

23.���� In other parts of her evidence, Ms. Manners addressed an issue, now relied on by the respondents in argument, that the appellant�s advisors contributed to the delay. As already touched on, the appellant applied to amend the grounds of appeal. But Ms. Manners testified that, on the basis of her experience, the fact that the appellant�s lawyers had taken this step in July 2011 did not add to the delay in his appeal obtaining a hearing date. On this Faherty J. held:-

�������������� �While [the appellant] sought and succeeded in amending his appeal grounds some months into the appeal process, I accept Ms Manner's evidence that that did not contribute to the delay in getting his appeal on for hearing.� (para. 151).