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Supreme Court allows appeal from High Court, and determines that the Commissioner of An Garda Siochana was not entitled to use in disciplinary proceedings material found on the phone of a member of the force pursuant to a search warrant in criminal proceedings, on the grounds that: (a) the relevant legislation confined the use of such material to criminal proceedings and prison discipline; and (b) the court was not 'at large' to apply common law principles with their public interest exceptions.
Judicial review - An Garda Siochana - material used in disciplinary proceedings - material found on member's phone - search warrant issued in criminal proceedings - member of 'WhatsApp' group - sharing of humorous material - message sent to group - allegedly forwarded without viewing - material of unlawful nature - search warrant - s. 7 of the Child Trafficking Pornography Act, 1998 - suspension from duty - search of home - decision of DPP not to prosecute - disciplinary process - application to restrain use in disciplinary proceedings of material obtain in criminal search - applicant never shown search warrant - far-reaching nature of searches of digital devices - whether Commissioner entitled to use material for purpose other than criminal prosecution.
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