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Court of Appeal dismisses appeal of murder conviction where letters written by the appellant while in custody were seized and admitted in evidence at trial, on the grounds that: a) the handing over of the letters by the prison authorities to the gardaí was appropriate and lawful, and the ruling made by the trial judge as to the reliability of the letters was correct; b) the ruling on the application of no case to answer was appropriate; and c) the charge to the jury in relation to corroboration was appropriate.
Criminal law – appeal of murder conviction – whether letters written by the appellant while in custody should have been admitted in evidence – reliability of the letters – lawfulness of the seizure, examination and handing over of the letters – ruling on the application of no case to answer – trial judge’s charge to the jury – s. 35 of the Prisons Act 2007 – Rule 76(6) of the Prison Rules – s. 19 of the Criminal Justice Act 2011 – handing over of the letters by the prison authorities to the gardaí was appropriate and lawful – Section 10 of the Criminal Procedure Act 1993 – whether a corroboration warning ought to have been given to the jury – conviction safe – appeal dismissed.
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