The Director of Public Prosecutions was restrained by the High Court in Dublin yesterday from prosecuting a man who claimed the Oireachtas abolished the offence with which he was charged.
Mr Paul O'Higgins SC claimed his client, Mr Michael Mullins, of Hebron Park, Kilkenny, had been charged on May 24th with the common law offence of unlawful assault on another man. A summons was issued on June 20th but on August 19th the Oireachtas, under Section 28 of the NonFatal Offences Against the Person Act, 1997, abolished the common law offence of assault and battery.
Mr O'Higgins said in those circumstances, the District Court which sat on September 2nd could not try Mr Mullins for an offence which had ceased to exist.
Mr Michael Lanigan, solicitor, in an affidavit, said he applied on behalf of Mr Mullins to District Judge Michael Harnett on September 2nd to have the summons struck out. He claimed the offence was no longer known to law. Mr Lanigan said the District judge had not yet decided on the merits of Mr Mullins's claims.
Mr Justice Moriarty granted Mr Mullins an injunction to restrain the DPP from continuing the prosecution pending a judicial review.