Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Retracting a statment made to the guards

  • 08-03-2013 11:37pm
    #1
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Hi guys,

    Recently I was questioned by the Gardaí and I made a statement and was asked to sign the little book, however, when I made this statement I was in shock and I do not remember everything I said, whether it was true or not, and I self-incriminated myself for an unrelated crime.

    I have a strong feeling that the matter will go to court, but I have not been served a summons yet. I am wondering, can I retract my statement on the grounds that I was in shock, in fear for my safety when I made it and that parts of it are incorrect? Can I do this after I am served with a summons?

    Thanks


Comments

  • #2
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    You can challenge it in court.


  • #3
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭Maxpv


    SB2013 wrote: »
    You can challenge it in court.

    Yes, I understand this, but the problem is that this statement is a key piece of evidence in the case and I'm sure it would take a lot of convincing to get a judge to exclude it as it would throw the entire case, I admitted to a crime in it and without this statement the guards would essentially have nothing.

    So, there is no way I can take back the statement out of court?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    SB2013 wrote: »
    You can challenge it in court.

    Anything you say can and will be used against you. This is why I say shut the **** up.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Blazr wrote: »
    Yes, I understand this, but the problem is that this statement is a key piece of evidence in the case and I'm sure it would take a lot of convincing to get a judge to exclude it as it would throw the entire case, I admitted to a crime in it and without this statement the guards would essentially have nothing.

    So, there is no way I can take back the statement out of court?

    Statmemts can only be used in indictment crimes.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    ResearchWill wrote: »

    Statmemts can only be used in indictment crimes.

    Come again?

    OP, go to a solicitor and talk it through with them before you do anything else.


  • Advertisement
  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    johnnyskeleton wrote: »
    Come again?

    OP, go to a solicitor and talk it through with them before you do anything else.

    If a witness who has made a statment (not the accused) and then refuses to swear up, on indictment only the statment may be read to the jury.


  • #8
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    ResearchWill wrote: »

    If a witness who has made a statment (not the accused) and then refuses to swear up, on indictment only the statment may be read to the jury.

    Ok, I thought you were talking about the statement of an accused or potential accused (as per op).


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    johnnyskeleton wrote: »
    Ok, I thought you were talking about the statement of an accused or potential accused (as per op).

    I should have been clearer.


Advertisement