THE COURT OF APPEAL
Birmingham J.
Sheehan J.
Mahon J.
25CPA/16
The People at the Suit of the Director of Public Prosecutions
Respondent
applicant
Ex tempore Judgment delivered on the 15th day of April 2016 by
Mr. Justice Birmingham
1. The position here is that in March 2000, the applicant, Mr. Cauneze stood trial in the Central Criminal Court charged with a number of offences and on the 10th March, 2000, he was convicted in respect of one count which was count 3 on the indictment, a count of aggravated sexual assault. Since then the procedures that have been followed have been quite extraordinary. This is now the fourth application pursuant to s. 2 of the Criminal Procedure Act 1993, brought by Mr Cauneze.
2. This Court dealt with the third such application in November 2015 and delivered a detailed written judgment and ruling on the 21st December, 2015. That judgement set out in some detail the history of the proceedings to that point. That judgment concluded as follows:
“This is the third attempt to bring a s. 2 Miscarriage of Justice Application on the part of an applicant who withdrew his appeal against conviction. Nothing whatever has been produced which could possibly be regarded as a new or newly discovered fact. Regrettably, it must be said that this attempt to re-litigate what has already been decided is vexatious and an abuse of process. The Court must therefore dismiss the application.”
3. Notwithstanding that judgment delivered in December 2015, Mr. Cauneze has sought to recast the matters that he has canvassed so many times before. Nothing new whatsoever has emerged. Instead what has happened has been a still further attempt to relitigate. The Court said on the last occasion that this was vexatious and an abuse of process, at this stage it is a flagrant abuse of process and is entirely vexatious. The Court dismisses the application of Mr. Cauneze.
