‘Intermediate’ DNA database had no lawful basis

Case stated from the District Court - defendant charged with burglary - no measures employed by gardai to preserve the crime scene between evening of burglary and following day - no evidence adduced as to persons who had access to the house - following day swab taken of blood from a bedroom and then stored at garda station until sent for forensic analysis - DNA profile generated - departure from previous policy that DNA profile would only be generated from crime scene sample if suspected offender was nominated - laboratory was creating an 'intermediate database' prior to the entering into force of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 - on unestablished date a bodily sample taken from the defendant was entered onto the 'reference index' of the intermediate database - prosecution unable to establish surrounding circumstances for taking of that sample or whether it was taken after commencement of 2014 Act - crime scene sample matched DNA of defendant - second DNA sample taken from defendant in detention - questions stated: (1) whether it was lawful to generate, retain and/or enter a DNA profile onto a database in the manner described before commencement of 2014 Act; (2) whether lawful for DNA profile from the sample to be included on the DNA database after the commencement of 2014 Act; (3) whether evidence of the match between DNA profile from sample prior to commencement of 2014 Act and profile lawfully taken from sample after that enactment admissible; (4) was the District Court entitled to admit the DNA evidence.