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How do I apply to get copies of my video taped Garda interview?

  • 14-06-2017 1:05pm
    #1
    Banned (with Prison Access) Posts: 1,390 ✭✭✭


    How do I get copies of my video taped Garda interviewed? . I have phoned and asked the Garda and the told me you will never get them video tapes as you where Never charged with a crime. So I am not entitled to the video tapes of my garda interview is this true? the garda told me the only time you will get the video tapes is when you are charged with a crime is this true?


Comments

  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    How do I get copies of my video taped Garda interviewed? . I have phoned and asked the Garda and the told me you will never get them video tapes as you where Never charged with a crime. So I am not entitled to the video tapes of my garda interview is this true? the garda told me the only time you will get the video tapes is when you are charged with a crime is this true?

    Yes the tapes are only released after a court order is issued.

    http://www.irishstatutebook.ie/eli/2007/act/29/section/56/enacted/en/html

    Section 56 came in response to it was alleged the improper use of the tapes, in that if a member of a gang was arrested and interviewed, he would have to turn up after the interview to the boss with the tapes.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    This post has been deleted.

    Yes and no. During the interview a paper memo is taken which may or may not be accurate. But i believe the video itself is not transcribed.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    The video acts as a 'complement' to the contemporaneous written record which is the official document. It's rare enough (in my very limited experience) for the tapes to end up being used instead of the written statement.
    But i believe the video itself is not transcribed.

    My limited experience being:

    "Oh you want to do some interning"
    "Yes please Mr. Criminal Solicitors firm"
    "Good lad - here's the remote and the written record - see you in a few hours"

    Good times!


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Yes the tapes are only released after a court order is issued.

    http://www.irishstatutebook.ie/eli/2007/act/29/section/56/enacted/en/html

    Section 56 came in response to it was alleged the improper use of the tapes, in that if a member of a gang was arrested and interviewed, he would have to turn up after the interview to the boss with the tapes.
    So would I be able to get a court order and what would it cost ?


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  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    The video acts as a 'complement' to the contemporaneous written record which is the official document. It's rare enough (in my very limited experience) for the tapes to end up being used instead of the written statement.



    My limited experience being:

    "Oh you want to do some interning"
    "Yes please Mr. Criminal Solicitors firm"
    "Good lad - here's the remote and the written record - see you in a few hours"

    Good times!
    are the video tapes evidences if you want to dispute false data on the garda statement/memo?.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    So would I be able to get a court order and what would it cost ?

    "Where a person is before a court charged with an offence, " as it says in section 56.

    If you are charged you legal team will seek the tapes on the first return date as part of the normal orders they would request.


  • Registered Users, Registered Users 2 Posts: 3,200 ✭✭✭imme


    Where you not charged then?


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    imme wrote: »
    Where you not charged then?

    Then my reading of the act you have no right to the tapes/DVD.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    are the video tapes evidences if you want to dispute false data on the garda statement/memo?.
    Not really. You signed the statement.

    Separately, both video and statement will only include your evidence, not that of others. Your comments to someone now can't really be corroborated by your comments yesterday, other than "This is what I said".


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  • Registered Users, Registered Users 2 Posts: 17,190 ✭✭✭✭Sleeper12


    Yes and no. During the interview a paper memo is taken which may or may not be accurate. But i believe the video itself is not transcribed.


    The video is transcribed for the book of evidence assuming changes are brought forward


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Victor wrote: »
    Not really. You signed the statement.

    Separately, both video and statement will only include your evidence, not that of others. Your comments to someone now can't really be corroborated by your comments yesterday, other than "This is what I said".

    The person charged will not have provided a statement he will have been interviewed and a memo taken.

    The interview memo will usually be read back and then signed. You would be surprised that sometimes the memo of interview and video can in important places be different.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    Sleeper12 wrote: »
    The video is transcribed for the book of evidence assuming changes are brought forward

    No it is not.


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    are the video tapes evidences if you want to dispute false data on the garda statement/memo?.

    how would you have copies of the memo if you haven't been charged?


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    "Where a person is before a court charged with an offence, " as it says in section 56.

    If you are charged you legal team will seek the taps on the first return date as part of the normal orders they would request.
    okay got that part but what happens if you are not charged and your issue is the garda allegedly put false information on your statement/memo. And never disclosed critical evidence to you and witness and by doing so the garda mislead you and the witness by not disclosing evidence and then data is created on you unfairly. can you then get a copy of your video taped garda interview to proof you where mislead and for this information to be deleted/void.?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    imme wrote: »
    Where you not charged then?
    No was not charged. But I still want my video taped Garda interview how can I get it if I am not charged with a crime am I entitled to the video taped Garda interview?


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    This post has been deleted.
    Well it does to me . So am I entitled to this video Garda interview ?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Then my reading of the act you have no right to the tapes/DVD.
    is there any way around this?


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  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    okay got that part but what happens if you are not charged and your issue is the garda allegedly put false information on your statement/memo. And never disclosed critical evidence to you and witness and by doing so the garda mislead you and the witness by not disclosing evidence and then data is created on you unfairly. can you then get a copy of your video taped garda interview to proof you where mislead and for this information to be deleted/void.?

    So what if Garda gave false info it does not matter as no charges.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    is there any way around this?

    Go to google, type in "solicitor" local area make an appointment, best bet would be a good criminal solicitor and pay over a few bob and get real legal advice based on all the facts.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Victor wrote: »
    Not really. You signed the statement.

    Separately, both video and statement will only include your evidence, not that of others. Your comments to someone now can't really be corroborated by your comments yesterday, other than "This is what I said".
    What about you then find out thru your Garda data request that `critical evidence was withheld from you. And never disclosed to you that would not be in your signed statement as it was never disclosed to you? So the only evidence would be your Garda video taped interview to proof this.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    bubblypop wrote: »
    how would you have copies of the memo if you haven't been charged?
    I got my garda memo thru my Garda data protection access request. it cost 6 euros.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    What about you then find out thru your Garda data request that `critical evidence was withheld from you. And never disclosed to you that would not be in your signed statement as it was never disclosed to you? So the only evidence would be your Garda video taped interview to proof this.

    For what purpose AGS can say anything they want pretty much during an interview, if any evedential issue arises it only matters in a trial.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    What about you then find out thru your Garda data request that `critical evidence was withheld from you. And never disclosed to you that would not be in your signed statement as it was never disclosed to you? So the only evidence would be your Garda video taped interview to proof this.

    Was this evidence that was not disclosed to you in your favour?


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    For what purpose AGS can say anything they want pretty much during an interview, if any evedential issue arises it only matters in a trial.
    That is so wrong for Garda to mislead you and to put false information on your data.there must be away of this false information be made void.? The only evidence is the video of the Garda interview . The Garda memo shows up that I was mislead and false information was but on Garda data what can I do about this to void it. there must be away I have document proof & the Garda memo.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    That is so wrong for Garda to mislead you and to put false information on your data.there must be away of this false information be made void.? The only evidence is the video of the Garda interview . The Garda memo shows up that I was mislead and false information was but on Garda data what can I do about this to void it. there must be away I have document proof & the Garda memo.

    How did you get the memo of interview?


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Stheno wrote: »
    Was this evidence that was not disclosed to you in your favour?
    Yes the evidence that was not disclosed to me. was 100 per cent in my favour .


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    How did you get the memo of interview?

    I don't think he's talking about the interview memo as if something wasn't disclosed in the interview it wouldn't be Ilin that memo surely?


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    How did you get the memo of interview?
    I got my Garda data protection access request it cost 6 euros that is how I got my Garda memo.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Yes the evidence that was not disclosed to me. was 100 per cent in my favour .

    That's probably why you weren't charged so once they weighed it all up.

    What are you trying to achieve here? Do you want the cops to apologise to you or something?+


  • Registered Users, Registered Users 2 Posts: 3,200 ✭✭✭imme


    What was the case about OP

    Why do you want the video


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    I got my garda memo thru my Garda data protection access request. it cost 6 euros.

    you didn't get the memo of your interview from a data protection request.
    you got whatever data is on the system. That is not a written memorandum of interview.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Stheno wrote: »
    I don't think he's talking about the interview memo as if something wasn't disclosed in the interview it wouldn't be Ilin that memo surely?
    In my Garda data protection access request. I got all my data held by Garda and all other documents to my Garda interview that is how I found out critical evidence was withheld and never disclosed to me our witness. other documents I got with the Garda memo prove false information was put on my Garda data.


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  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    bubblypop wrote: »
    you didn't get the memo of your interview from a data protection request.
    you got whatever data is on the system. That is not a written memorandum of interview.
    Yes I did get my Garda memo in written form my Garda data protection access request. But was I not meant to get this Garda memo in written form ? So are you tell me this was give to me in error?


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Yes I did get my Garda memo in written form my Garda data protection access request. But was I not meant to get this Garda memo in written form ? So are you tell me this was give to me in error?

    did you do a garda interview where you were questioned about an offence?
    was it videotaped at the time?
    did you sign the end of the interview notes after they had been read over to you? how many interviews did you do?
    are you sure you actually have the notes that were taken in the interview?
    I dont understand how you could


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Stheno wrote: »
    That's probably why you weren't charged so once they weighed it all up.

    What are you trying to achieve here? Do you want the cops to apologise to you or something?+[/QUOTE I would have never have found this out only for my data protection access request. What do I want first I want the Garda to void there data as it was done unfairly and give to me in writing that this is done. And for the Garda to apologise in writing for the upset the caused me and others.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    bubblypop wrote: »
    did you do a garda interview where you were questioned about an offence?
    was it videotaped at the time?
    did you sign the end of the interview notes after they had been read over to you? how many interviews did you do?
    are you sure you actually have the notes that were taken in the interview?
    I dont understand how you could
    Yes I did do a garda interview and yes I was questioned about an offence. But I later find out thru my garda data request that all the facts & evidence was not disclosed to me. . And if the did I could have walked out of the garda station as I had no case to answer. Yes my interview was videotaped at the time. Yes I did sign the garda interview notes as the garda did read it over to me. I am 100 per cent sure I have the interview notes/memo.


  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Yes I did do a garda interview and yes I was questioned about an offence. But I later find out thru my garda data request that all the facts & evidence was not disclosed to me. . And if the did I could have walked out of the garda station as I had no case to answer. Yes my interview was videotaped at the time. Yes I did sign the garda interview notes as the garda did read it over to me. I am 100 per cent sure I have the interview notes/memo.

    seems very strange to me that the gardai would just give you the interview notes.
    usually a data request relates to whatever data is held on you, ie on PULSE etc


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  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    bubblypop wrote: »
    seems very strange to me that the gardai would just give you the interview notes.
    usually a data request relates to whatever data is held on you, ie on PULSE etc
    okay This even better again so would you think this was a error by garda to give me the interview notes?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    okay This even better again so would you think this was a error by garda to give me the interview notes?

    Mod:

    OP, your story is that you got interview notes from a Garda interview, following a 'data request'. That story is not credible at all, which colours everything else that you have posted here.

    Please allow 48 hours before sending any PMs, so that a moderator review of the thread can take place.

    This thread is now closed, pending moderator review.

    Please do not open any more threads in this forum, in the meantime.


This discussion has been closed.
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