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Cross examination of accused regarding previous convictions should not have been permitted
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Court of Appeal allows appeal of conviction for assault of a member of An Garda Siochana in case where the prosecution sought leave to cross examine the accused in relation to previous convictions after he made allegations of violence against gardai in an interview, finding that the trial judge was wrong to permit such a cross examination since the events were so closely linked that it cannot be said that he had thrown away his shield.
Criminal law – alleged assault of a member of An Garda Siochana – s. 1 of the Criminal Justice (Evidence) Act 1924 – prosecution sought leave to cross examine the accused in relation to previous convictions after he made allegations of violence in interview against gardai – dropping of the shield – events were so closely linked that it cannot be said that he had thrown away his shield – trial judge was wrong to permit the cross examination – conviction quashed – appeal allowed.
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