“Unconstitutionally obtained evidence now goes in at trial " Gardai, DPP and Judges framing innocent people with unlawfully obtained evidence


“Unconstitutionally obtained evidence now goes in at trial " Gardai, DPP and Judges framing innocent people with unlawfully obtained evidence

 “Unconstitutionally obtained evidence now goes in at trial "

 

"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" 

 

https://www.iccl.ie/news/new-investigation-shows-gardai-can-violate-our-rights-with-no-repercussions/

 

“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.”

 

https://www.irishtimes.com/opinion/ill-effects-of-change-to-law-on-evidence-starting-to-manifest-1.4378976

 

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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