Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against answer given by the High Court to case stated by the District Court, on the grounds that: (a) insofar as the case stated was posing questions as to the evidential presumption of validity, it was posing a question in relation to the information set out on the face of the certificate and the presumption of validity clearly applied to that information; (b) the presumption therefore applied to a copy of the certificate and the question posed in the case stated had been correctly answered in the affirmative by the High Court; and (c) the question posed did not relate to compliance with procedure and the question of compliance had not been the subject of controversy in the District Court.
Appeal by defendant to answer given by High Court to case stated from the District Court - question was: where the original s. 13 statement is not available, but a photocopy of that statement has been tendered in evidence by the prosecution, does the evidential presumption of validity under s. 20(1) of the Road Traffic Act 2010 apply to that photocopied statement - High Court answered in affirmative - whether s. 30 of the Criminal Evidence 1992 has application - whether s. 20 applies only to an original s. 13 statement i.e. a statement printed out by the breath testing machine and duly completed by a Garda - whether Gardaí had complied with procedural requirements.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now