A health and safety prosecution against a Dublin hotel following the death of a waitress had to be dismissed yesterday because of the McCracken ruling which found the appointment of the State's court clerks invalid.
Byrne Hotels Ltd, owner of the Killiney Court Hotel, at Killiney Bay, had been summonsed by the Health and Safety Authority for four breaches of safety regulations on July 25th last year. The case involved the death of Ms Pauline Henderson who was burned to death during a wedding reception while staff were attempting to flambe a dessert.
Dublin District Court heard the case could have gone to the Circuit Court and was only being heard on summons in the District Court because the hotel owners were pleading guilty.
The case, which had been due for hearing last month, was adjourned to allow next of kin to attend, but in the meantime the High Court ruling that the State's court clerks were not properly appointed invalidated the summons. The High Court found that the clerks had been appointed by officials in the Department of Justice instead of by the Minister personally, as required by law, and their appointments were consequently invalid.
Judge John McDonnell said a defendant could change a plea at any stage before trial and re fused a submission by Mr Conor Devally, barrister, for the safety authority that the case should proceed because of the guilty plea.
Judge McDonnell said the case could have proceeded if the defendants had consented but they had exercised their right to challenge the summons and he would have to dismiss the case for want of jurisdiction.
He said the McCracken ruling would have "major repercussions" for the administra tion of justice as it also affected prosecutions for drink-driving, dangerous driving, having no insurance and family law. However, it was his understanding that such prosecutions could still be re-entered if they were within the legal time limit.
In another court, Judge Desmond Windle dismissed about 200 summonses for parking offences because of the High Court ruling.