THE first-ever criminal trial of a development company for breach of planning law collapsed at Dublin Circuit Criminal Court when Judge Kevin Haugh directed the jury to return a not-guilty verdict.
Judge Haugh's decision came after several hours of legal argument in the absence of the jury on the issue of what documents were admissible in evidence.
Trident Homes Ltd was charged with failing to comply with a warning notice issued on August 22nd, 1994, under Section 26 of the Local Government Planning and Development A9t to discontinue use of certain lands at Brackenstown, Swords, Co Dublin, as a car-park.
Judge Haugh ruled there was insufficient evidence to allow the jury to decide whether or not a valid warning notice had been issued by Fingal County Council to the company. He had no option therefore but to withdraw the case from the jury and direct a verdict of "not guilty" be entered.
He rejected an application by Mr Shane Murray, defending, for costs for the company against the Director of Public Prosecutions. "I am satisfied that this case was taken in the public interest and therefore will not award you costs," he said.
The case was first taken by Fingal County Council against the company at Swords District Court over a year ago and Trident opted for trial on indictment before a judge and jury at the Circuit Criminal Court.
The start of the trial was delayed for almost 45 minutes with legal argument about the manner of representation of the company in the trial and finally ended with a direction by Judge Cyril Kelly that the company be held to be "standing mute" and that a jury should be empanelled.
When the case was called in the criminal business list before Judge Kelly in Court 24, he asked the prosecution how it was proposed to proceed.
Mr Dermot Flanagan, for the DPP, said he anticipated that Mr Niall Lawless of Trident Homes would represent the defendant because he had done so at Swords District Court. Mr Murray said the DPP had to establish by law how any one individual could be compelled to speak for the company.
Judge Kelly directed that that issue be decided in the absence of the jury panel before Judge Haugh in Court 25
Following counsel's submissions on the issue, Judge Haugh said he believed a limited company spoke through its officers. However, he wanted to be addressed by both counsel on the legal authorities in relation to this and he adjourned that hearing for some time.
About 10 minutes later Judge Kelly told the still waiting jury panel in Court 24 that he would arraign the company at 11.30 a.m.
The case was then called again at 11.30 am and when there was no response from any individual for the company, Judge Kelly ruled: "Having entered a plea of not guilty, I deem the company to be represented standing mute and I direct that the indictment be read.
Judge Kelly then directed the registrar, Ms Betty Byrne, to read the indictment and begin the empanelling of a jury.