“Unconstitutionally obtained evidence now goes in at trial " Gardai, DPP and Judges framing innocent people with unlawfully obtained evidence
"The net effect of this is that many defence solicitors and
barristers say they no longer challenge evidence that might have been gathered
in a way that violates human rights"
“Ill-effects of change to law on evidence starting to manifest
The
decision of DPP v JC made dramatic changes to the Irish law on improperly
obtained evidence,
“Late Supreme
Court judge Adrian Hardiman, who said of the ruling in 2015: “I consider it
utterly unwise, to use no stronger word, to grant to the gardaí, in that
context, the effective immunity from judicial oversight which this case does.”
Lying gardaí
There
was a view of JC as an “easy out” and one that can “plug an awful lot of gaps”,
for both gardaí and prosecutors.
“Experienced
practitioners referred during interviews to gardaí lying when giving evidence,
threatening to arrest close relatives, planting evidence and physically
assaulting clients.
It is a matter of grave
concern that the reformulated exclusionary rule is being used to undermine the
right to privacy”
“These
findings are of course mere bookends to the range of inquiries, commissions and
reports into garda misconduct, from the Morris to the Charleton Tribunal,
repeatedly and convincingly demonstrating the willingness of certain members to
bend or ignore the law on occasion. The introduction of what one practitioner
described as a “carte blanche” to gardaí to ignore constitutional rights and
then to retrospectively argue inadvertence creates the very real danger that
such practices may become more prevalent.”
Golfgate is proof that judicial appointments are infected by political
patronage
https://www.thejournal.ie/readme/golfgate-seamus-woulfe-5227210-Oct2020/
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