Convictions quashed following admission of unlawfully obtained surveillance evidence

Criminal law – appeal from Circuit Court convictions for soliciting another to commit offence of unlawful importation of controlled drug and soliciting another to commit offence of unlawful importation of controlled drug having value in excess of €13,000 – appellant solicited two undercover Gardaí to import controlled drugs into State by seeking to induce both to fly to Brazil for the purpose of ingesting pellets to a total weight of 1 kilogram of cocaine each – contact between appellant and undercover gardai were recorded, and audio recordings and transcripts of these were put in evidence at the trial – whether transcripts of recordings were admissible – whether judge erred in allowing evidence of conversations to be admitted in circumstances where it is said there was non-compliance with provisions of the Criminal Justice (Surveillance) Act 2009 – surveillance – right to privacy – Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 – statutory interpretation – failure to comply with requirements of an authorisation or approval does not, in itself, present an insuperable obstacle to the information being introduced and possibly admitted in evidence – trial judge has discretion to admit evidence obtained where there has been non-compliance if certain conditions satisfied – such conditions not satisfied in this case as no circumstances of urgency demonstrated.