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Evidence

  • 27-04-2014 9:31pm
    #1
    sallykk
    Closed Accounts Posts: 4 ✭


    Question in respect of admissibility, custody regulations, voluntary confession and judges rules in Ireland: when a person X is arrested without a warrant under s.4 criminal justice act on suspicion in having murdered Y, presumably accused gets arrested at 3.00pm.
    X is a prominent member of anti-NAMA organisation. X is detained in Garda station. After some time of interrogation she became agitated, powerless and isolated. She requested to see her solicitor and it was assured they will contact him
    Statim. After two hours of interrogation one of the gardai said to x "well get to the truth with or without your help. You have nothing to gain by making it harder for the investigation as we have goods on you". At 6pm the solicitor arrived and gave her evidence concerning the right to silence and x has been offered rest and hot meal. Half an hour later interrogation recommenced and x made inculpatory statement that she has assaulted y. This statement was taken down, read back to the accused and x mad asked if he agreed to the contents which he agreed to. It was now 8.30pm
    The chief superintended was convinced that x had in fact murdered y and extended the integer ration to further 6 hours. The integration was not interrupted until 11am, when x asked the police to inform her family of his whereabouts. X thought that if only he could cooperate, he would be released once confession is signed.
    During this period of confession x admitted he had murdered y and this statement was reduced to writing read and she was asked to indicate any place she wished the allegation was made. There was no such. X didn't sign the statement.
    If presumably x was seeking appeal claiming inter alia that statements are inadmissible . Upon what basis can x challenge the Inadmissibility of this evidence?


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