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Excluded telephone evidence was not compelling for purposes of acquittal appeal
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Court of Appeal dismisses application by the Director of Public Prosecutions seeking an order quashing the acquittal of the accused, who was charged with blackmail, extortion and demanding money with menaces, after evidence obtained during surveillance operation phone call which picked up conversation with a third party (the accused) was excluded by a Circuit Court judge, on the grounds that: 1) since there was no attempt on the part of the Gardaí to intervene, or to involve themselves in any way in the conversation between parties to the phone call, there was in fact no actual interference or involvement with that call, there was no interception of the call; but 2) the evidence excluded, which now had to be taken in isolation (because no other evidence was heard), could not be regarded as compelling evidence within the meaning of legislation which facilitates appeals of acquittals.
Criminal law – application by the DPP seeking an order quashing the acquittal of the accused – acquittal by direction of the trial judge of a charge of blackmail, extortion and demanding money with menaces contrary to s. 17 of the Criminal Justice (Public Order) Act 1994 – s. 23(14) of the Criminal Procedure Act 2010 – whether the trial judge erred in law in excluding compelling evidence – s. 4E of the Criminal Procedure Act 1967 – Criminal Justice (Surveillance) Act 2009 – admissibility of evidence obtained during surveillance operation phone call which picked up conversation with a third party – voice identification by Superintendent Traynor – Communications (Retention of Data) Act 2011 – Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 – call data records – whether an interception took place – whether excluded evidence was compelling evidence – no actual interference or involvement with that call – evidence was not compelling evidence – appeal dismissed.
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