Mr Justice McDermott says defence in case disclosed medical records a week before trial
A High Court Judge has asked if the Director of Public Prosecutions will take steps to address the “last minute” disclosure of records for upcoming rape and murder trials.
During a particular 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. 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.
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”.
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