Court of Appeal dismisses appeal against murder conviction where suspect was arrested on foot of a bench warrant and asked to hand over clothing which were subsequently used in evidence at trial, finding that: 1) the gardai were justified in asking an individual who is suspected of having been involved in a very serious crime, but who was in custody on a different basis, to offer inculpatory evidence against himself; 2) there was no obligation on the gardai to tell his solicitor of their suspicions or for what end they wanted the clothing; and 3) admissions made by the appellant that were recorded and which were a response to the request for clothing were admissible.
Criminal law – murder conviction – admission into evidence of incriminatory remarks made by the appellant at the garda station and the next day in the garda patrol car – admissibility of the admissions made in the garda station and in the garda car on the way to and from court – seizure of the appellant’s clothing while in garda custody – whether the failure to inform his solicitor that Mr. Walsh was suspected of murder and would be requested to hand over his clothing for forensic examination, that the gardaí contrived to deny him effective and meaningful access to legal advice – whether failing to afford the appellant the opportunity to be legally advised regarding the implications of handing over his clothing for forensic examination denied his constitutional right to fair procedures – what the position is when the gardaí suspect an individual of participation in a crime but do not intend to invoke their statutory powers or do not need to – whether the gardaí were justified in asking an individual who is suspected of having been involved in a very serious crime, but who was in custody on a different basis (bench warrant), to agree to hand over his clothing – appeal dismissed.