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Gardai giving evidence on behalf of victim

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  • 06-03-2017 10:48pm
    #1
    Macgoo
    Registered Users Posts: 18 ✭


    I have read newspaper court reports, where a member of An Garda siochana seemed to be giving evidence on behalf of a victim. On one occasion the report indicate the Garda was even asked a question by the defence and replied on behalf of the victim,
    Tagged:


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    #2
    Allinall
    Registered Users Posts: 6,562 ✭✭✭Allinall


    Macgoo wrote: »
    I have read newspaper court reports, where a member of An Garda siochana seemed to be giving evidence on behalf of a victim. On one occasion the report indicate the Garda was even asked a question by the defence and replied on behalf of the victim,

    Why wouldn't they?


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    #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,478 Mod ✭✭✭✭johnnyskeleton


    For sentencing hearings in the victim impact statement, in some bail applications and where a statutory procedure to read out a statement they can get around the hearsay rule.

    But if it was a contested trial, the complainant would be expected to give oral evidence.


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    #4
    Macgoo
    Registered Users Posts: 18 ✭Macgoo


    Allinall wrote: »
    Why wouldn't they?
    Surely it would contravene some hear say rule. If the Gardai can give evidence and even answer questions, why can't a defendant get a lawyer or even an actor to take the stand on their behalf...


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    #5
    Macgoo
    Registered Users Posts: 18 ✭Macgoo


    johnnyskeleton wrote: »

    But if it was a contested trial, the complainant would be expected to give oral evidence.

    Read http://www.irishtimes.com/news/crime-and-law/courts/judge-tells-man-he-can-t-buy-himself-out-of-jail-for-rape-1.1695269

    Det Garda Colette Acton told the court that during Garda interviews, Egan maintained there had been consensual sex.
    Brendan Grehan SC, defending, said the woman did not put up any resistance, to which Det Garda Acton replied: “She was afraid.”


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    #6
    GerardKeating
    Registered Users Posts: 7,542 ✭✭✭GerardKeating


    Macgoo wrote: »
    I have read newspaper court reports, where a member of An Garda siochana seemed to be giving evidence on behalf of a victim. On one occasion the report indicate the Garda was even asked a question by the defence and replied on behalf of the victim,

    Perhaps they witness the crime.


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    #7
    Allinall
    Registered Users Posts: 6,562 ✭✭✭Allinall


    GerardKeating wrote: »
    Perhaps they witness the crime.

    This was my point.

    Perhaps I should have articulated it more clearly.


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    #8
    Peregrinus
    Registered Users Posts: 26,139 ✭✭✭✭Peregrinus


    Macgoo wrote: »
    Surely it would contravene some hear say rule. If the Gardai can give evidence and even answer questions, why can't a defendant get a lawyer or even an actor to take the stand on their behalf...
    There are many exceptions to the hearsay rule and, as johnnyskeleton points out, one of them relates to sentencing hearings, and the presentation to the court of material from the victim impact statement. And this was a sentencing hearing.


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    #9
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Side bar to OP's query but Gardaí may sometimes find themselves offering mitigating evidence on behalf of the accused ! This may take the form of confirming to defence counsel that the defendant was fully co-operative with investigations and so on. Sometimes this can go so far as to earn a commendation from the bench of the fairness of the Garda evidence in relation to the defendant.

    I knew of one District Justice in particular who regularly asked Gardaí if the defendant "gave them any trouble" ?


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    #10
    Macgoo
    Registered Users Posts: 18 ✭Macgoo


    GerardKeating wrote: »
    Perhaps they witness the crime.
    Not in the case in referenced in the newspaper article


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    #11
    Macgoo
    Registered Users Posts: 18 ✭Macgoo


    johnnyskeleton wrote: »
    For sentencing hearings.
    Right, Understand now, Cheers


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    #12
    Victor
    Registered Users Posts: 78,287 ✭✭✭✭Victor


    Remind me about hearsay of deceased's dying words.


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    #13
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #14
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Fred Swanson wrote: »
    Dying declaration.

    That is a exception to the hearsay rule. The rationale, accurate or not, is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability.

    And only applies to cases of murder and manslaughter.

    And sone useless history - the Dying Declaration inclusionary exception dates all the way back to 1789, the idea wasn't that someone had no incentive to lie, but rather they had the incentive to tell the truth because of a belief of eternal punishment in the after life if they lied!


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    #15
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    There was an incident a couple of years ago, a stabbing I think, where the victim gave a dying declaration naming his attackers but then recovered after successful surgery and subsequently refused to cooperate with the investigation. I thought that would have been an interesting one to go to court. Not sure if it ever did.


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