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The Guard Showed Me A Potocopy Of Evidence

  • 02-11-2018 12:08pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    Recently I was asked to attend my local Garda Station. This in no way was my fault, nor do I blame the Garda for doing their Job, I was shown a piece of evidence, and asked if I recognised it ? I stated No, It is a photocopy of an original document. Do I have to be shown hard -real evidence in an interview. Also 2 of the garda had my picture on their personal phones. This I am sure is not legal ?? It is a fraud case, in which I am not guilty, It seems to be a very grey area.

    Any comments or ans would be greatly appreicated


Comments

  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    You might be better off having this moved to legal Discussion Forum


  • Posts: 5,121 ✭✭✭ [Deleted User]


    You should consult a solicitor quickly - nobody on boards can answer this.

    Guards don't tend to waste their own time if there is nothing there.


  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    1.No they don't have to show you a physical copy of the evidence as to do so may tamper the evidence.

    2. How do you know they have your picture on their personal phone, guards would have a work phone and a personal phone, even so it's not illegal to have a picture of someone on their phone, you could try go down the route of GDPR to have it removed if its their personal phone but it's quite rigmoral


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Moved to Legal discussion

    dudara


  • Registered Users, Registered Users 2 Posts: 4 TheWestmeath Eagle


    You should consult a solicitor quickly - nobody on boards can answer this.

    Guards don't tend to waste their own time if there is nothing there.

    I understand that the Guards have a job too do, I have a solicitor. Sometimes you must watch them also. Thank you for the thought all the same!


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  • Registered Users, Registered Users 2 Posts: 26,997 ✭✭✭✭Peregrinus


    The guards don't have to show you the evidence at all unless you have been charged, in which case you will get the book of evidence in advance of your trial. Even then you won't necessarily be given any physical evidence that may exist, but you will be told about it and you will have access to if if you want it.

    At an early stage in the process there's no objection to them showing you, e.g., a photograph of an object or a photocopy or transcript of a document and asking if you recognise it. No offence, but in that situation the answer "no, it's a photograph/photocopy that I have never seen before" looks like either evasion or just smartassery. They are clearly asking you if you are familiar with object photographed or the document photocopied. You can answer the question or you can decline to answer it, but pretending that you can't recognise a document from a photocopy, or an object from a photograph is probably not going to help you.

    And, what others have said - if you're at the stage of being interviewed by the guards you should be following your lawyer's advice and not the advice of anonymous randoms from the internet.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    This I am sure is not legal ?? It is a fraud case, in which I am not guilty, It seems to be a very grey area.

    Any comments or ans would be greatly appreicated

    You say you are not guilty? Are you a suspect or is your evidence needed to clear or implicate a suspect?


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