Ireland has lost the first round in a case alleging a violation of the European Convention of Human Rights because of delays in the completion of a court case. The commission of the European Court in Strasbourg has voted to admit the complaint and send it for a full hearing.
The complaint was brought in April 1994 by Mr Michael Mc Mullan, a British citizen who has lived in Ireland since 1972, alleging excessive delays in civil proceedings. He complained that a case in which he had been involved, part of over 20 years of litigation concerning Charleville House in Tullamore, took 8 1/2 years to make its way through the courts.
Mr McMullan also complained of bias against him in the Irish courts due to his nationality and the fact those he complained against were lawyers. These were not upheld.
According to the commission's report, the point is whether the length of the proceedings exceeded the "reasonable time" requirement referred to in Article 6. Article 6 of the convention, under which Mr McMullan brought his case, states: "In the determination of his civil rights and obligations . . . everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law . . ."