Ged Doran and Emma Gilsenan secure stay of proceedings for an abuse of process for co-defendants alleged to have attempted to pervert the course of justice

On 10 April 2017, Ged Doran, instructed by Farleys, and Emma Gilsenan, instructed by Matloob Ahmed of Forbes Solicitors, were successful in their joint application to stay proceedings as an abuse of process. The application was successful on the basis of substantial delay, significant ill-health issues of one of the co-defendants, contradictory submissions on behalf of the prosecution to proceed against co-defendants together or alone and proceedings having a “continuous and detrimental effect”, particularly in respect of the co-defendant with ill-health.

The case involved an alleged attempt to pervert the course of justice in respect of a purported meeting between two elder members of two separate families following the alleged stabbing of one of the younger members of the respective families. Despite the allegations, following the purported meeting the stabbing was reported to the police, charged and prosecuted, considered by the criminal courts and resulted in an acquittal.