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

please helpThank YOU

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?

Really Interested

please helpThank YOU wrote: »

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.

Fred Swanson

This post has been deleted.

Really Interested

Fred Swanson wrote: »

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.

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.

Really Interested wrote: »

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!

please helpThank YOU

Really Interested wrote: »

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 ?

please helpThank YOU

Samuel T. Cogley wrote: »

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?.

Really Interested

please helpThank YOU wrote: »

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.

imme

Where you not charged then?

Really Interested

imme wrote: »

Where you not charged then?

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

Victor

please helpThank YOU wrote: »

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".

Really Interested

Really Interested wrote:

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

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.

Really Interested

Sleeper12 wrote: »

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

No it is not.

please helpThank YOU

please helpThank YOU wrote: »

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?

please helpThank YOU

Really Interested wrote: »

"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.?

Fred Swanson

This post has been deleted.

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?

please helpThank YOU

Fred Swanson wrote: »

This post has been deleted.

Well it does to me . So am I entitled to this video Garda interview ?

Fred Swanson

This post has been deleted.

please helpThank YOU

Really Interested wrote: »

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

is there any way around this?

Really Interested

please helpThank YOU wrote: »

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.

Really Interested

please helpThank YOU wrote: »

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.

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.

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.

Really Interested

please helpThank YOU wrote: »

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.

Stheno

please helpThank YOU wrote: »

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?

please helpThank YOU

Really Interested wrote: »

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.

Really Interested

please helpThank YOU wrote: »

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?

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 .

Stheno

Really Interested wrote: »

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?