Judge criticises ‘eruption’ of late disclosures in rape, murder trials

A High Court Judge has asked if the Director of Public Prosecutions (DPP) will take steps to address the “last minute” disclosure of records for upcoming rape and murder trials.

Speaking in the Central Criminal Court during management of the trial list, Mr Justice Paul McDermott criticised what he described as an “eruption” of late disclosures.

During discussion of a rape case which had been listed for trial this week, the court heard that the prosecution disclosed certain medical records to the defence on Thursday last. The material made reference to the existence of a condition which involves a “propensity to promiscuity”, the court heard.

Lawyers for the man, who cannot be named for legal reasons, told the court that the release of these records has prompted them to seek expert advice on the material.

The case had initially been put in for trial in March or April of last year. Mr Justice McDermott said it was a “totally unsatisfactory situation” when disclosure was left to the last minute and said the duty was on the prosecution when it came to disclosure.

“Can anyone explain why disclosure was not completed in advance or brought to the attention of the court months in advance?” he asked. “It seems to be a feature, a continuing feature, of trials appearing in this court, wherever they’re sitting. Is the DPP going to take any steps about that?”

Mr Justice McDermott said that he had recently asked for this view to be conveyed to the DPP in relation to a separate case in Cork and that he was asking for the view to be conveyed again, in terms of this particular case “for what it’s worth”.

Mr Justice McDermott said the situation of last-minute disclosure was causing trials to be delayed. The judge said there had been an “eruption of disclosure matters in every second trial of every trial of this kind”.

He said the consequences of these matters could have negative impacts on both complainants and defendants.