Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Accused did not have a right to be questioned by Gardaí to put forward grounds of defence
|
or click here to request site subscription to search and view all judgments |
Supreme Court dismisses appeal from the Court of Appeal, and affirms determination that the Circuit Court had erred in granting a pre-trial application to direct that a 'not guilty' verdict be reached in a charge of endangerment of human life, on the grounds that: (a) the Circuit Court had adopted the incorrect procedure in hearing the application; (b) the right to silence and protection against self-incrimination did not extend to a right to be questioned by Gardaí in order for the accused to put forward any potential grounds of defence; and (c) if an accused wished to put forward a defence, it was open to him to do so in the course of the trial.
MacMenamin J (nem diss): Criminal law - application to trial judge for order that trial not proceed - whether accused entitled to put defence on record during questioning by Gardai - whether statement could be adduced by defence at trial - attempt by accused to evade Garda pursing in Garda car - dangerous driving - endangerment of human life - application to restrain trial on grounds of fundamental unfairness - failure of Gardai to arrest, detain and question accused person - accused not in a position to give his version of events - whether the absence of an interview memorandum was an 'insurmountable hurdle' to a jury trial - whether trial judge correct in law to direct a verdict of not guilty - right to silence under the Constitution.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
