Woman charged following Garda cold case review seeks to stop trial
A 39-year-old woman charged in connection with the death of her father almost 25 years ago has today brought a High Court challenge aimed at halting her prosecution.
Sharon Cullen, with an address at Ballyjamesduff Co Cavan, is charged with unlawfully and maliciously causing grievous harm to her father Christopher Payne with intent to murder him at Rutland Grove, Crumlin, Dublin 12 on May 13, 1988.
Ms Cullen denies the claims and says that she cannot get a fair trial caused by the delay in bringing proceedings against her.
In her High Court action she claims her prosecution without any fresh evidence, is extremely unfair and should be prohibited on grounds including that she has not been prosecuted with reasonable expedition.
Given the passage of time there is a real risk that she may receive an unfair trial, she also submits. No reason was given to her why there was a delay of 24 years before prosecuting her.
She also claims the decision to charge her is a breach of her rights under the Irish Constitution and the European Convention of Human Rights.
In her action, Ms Cullen is seeking a permanent injunction preventing the DPP from prosecuting her in respect of offences contrary to sections 11 and 18 the Offences Against the Person Act 1961.
She is also seeking a declaration that her prosecution after a period of 24 years has elapsed amounts to an unwarranted and disproportional interference with her constitutional rights.
Leave to bring the challenge was granted yesterday on an ex-parte (one side only) basis by Mr Justice Michael Peart.
The Judge, who put a stay on Ms Cullen's prosecution pending the outcome of her challenge, made the matter returnable to a date in June.
