O'Callaghan v The Director of Public Prosecutions (Approved)

This ruling is delivered in respect of an application for leave to apply for judicial review. The application has been made by way of a written application submitted to the court by a personal applicant. The applicant, Mr. O�Callaghan, is currently detained in Mountjoy Prison.

The applicant seeks leave to apply for judicial review in respect of his prosecution for offences said to arise out of an armed robbery committed at Ulster Bank, Stillorgan, County Dublin on 26 September 2017. The applicant has pleaded guilty to certain offences in this regard, and is scheduled to appear before the Circuit Court on 19 October 2020 for sentencing.

The title of the proceedings has been amended so as to comply with the requirements of Order 84, rule 22(2A) of the Rules of the Superior Courts. The Director of Public Prosecutions has been named as respondent in lieu of the Circuit Court judge.

The applicant had been charged with offences in respect of an armed robbery said to have been carried out at Ulster Bank, Stillorgan, County Dublin on 26 September 2017. The applicant had, initially, entered a plea of not guilty. The applicant and a number of co-accused were tried before the Circuit Court (Her Honour Judge Pauline Codd sitting with a jury) earlier this year. The applicant was represented by solicitor and junior and senior counsel.

During the course of the trial, it was indicated to the Circuit Court on 5 March 2020 that the Director of Public Prosecutions would be entering a nolle prosequi in respect of some of the charges against the applicant, and that the applicant would be entering a guilty plea in respect of an existing count and a new count. The applicant was formally arraigned on the new count, and entered a guilty plea.