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Supreme Court rules suspects entitled to legal advice before being questioned

The Supreme Court has made a landmark ruling relating to the admissibility of evidence obtained f...
Newstalk
Newstalk

12.39 6 Mar 2014


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Supreme Court rules suspects e...

Supreme Court rules suspects entitled to legal advice before being questioned

Newstalk
Newstalk

12.39 6 Mar 2014


Share this article


The Supreme Court has made a landmark ruling relating to the admissibility of evidence obtained from a suspect before receiving legal advice .

The appeal was brought by Raymond Gormley - a Donegal man with a previous address at Quiet Moment Apartments in Letterkenny - who was convicted of attempted rape in 2007 and has served a six year sentence.

In 2009, he sought leave to appeal his conviction, partly on the basis that evidence was admitted of his interviews in custody in alleged breach of his Constitutional right of access to a lawyer.

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The Court of Criminal Appeal was satisfied that gardai had made reasonable attempts to contact Mr. Gormley's solicitor while he was in custody.

The matter was complicated by the fact he was arrested on a Sunday.

The case was sent for review to the Supreme Court on the basis that it raised legal questions of exceptional public importance.

Today four Supreme Court judges agreed with the decision of their colleague Mr. Justice Frank Clarke - that as a consequence of Raymond Gormley's clear request for a lawyer, gardai should have postponed questioning him until his solicitor arrived.

The judgment is in line with the case law of the European Court of Human Rights.

Mr. Justice Clarke notes 'there are further questions which will have to await other cases with different factual scenarios concerning the precise parameters of that right'.

However today's decision also looks at a second case brought by convicted Dublin murderer, Craig White - formerly of O'Devaney Gardens - who is serving life for the 2005 shooting of Noel Roche in a car on the Clontarf Road.

Here the court has decided that there is no Constitutional entitlement to legal advice before the taking of certain forensic samples. That is because the results of forensic tests are objective and don't rely on the will of the suspect.

The court is satisfied Craig White was legally obliged to provide samples and that they were taken in an unobtrusive way.


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