Circuit Court proceedings etc

cashie88

hey everyone

There is a good few questions here. I would love your input, doesnt have to be on all of them.

X is being prosecuted for a crime. X feels genuine remorse and it has destroyed his life. But the gardai had no right to enter their home because their search warrant was for a family member living next door in another dwelling (which was raided first). When they finished their search, they coerced X into confessing and made him come to the garda station for a "voluntary" interview. (They forget to mention it was voluntary until they were on tape in the interview room.)

At X's home, they had aggressively told him that if he didnt say that he invited them in without a warrant, they would come after a family member next door instead. They do this another two times at the station before the interview starts rolling.

When asked did he invite the gardai in without a warrant, x says yes.

During this interview the gardai ask X a question and become aggressive and interrogate him despite it being an apparent "voluntary statement"

Three horrible years later a book of evidence is produced and there are several lies in the statement the gardai make. One or two could possibly be proven false while the rest, other family members could only attest to as being untrue. The threats are X's word against the gardai.

In the book of evidence there is a transcript of the interview and the part where they interrogate X is after being omitted.

X finally begins to lose it, and wants to stand up for his rights. He wants to fight the legitimacy of the warrant. But when he meets his barrister, she strongly advises against it because going up against the gardai (who are apparently great on a witness stand) will almost positively result in a judge taking the gardai side.

She also says if X fights the warrant then it will look like they have no remorse for their crime (Which is untrue and is backed up by medical reports)

She says if X fights the warrant and loses it, it could mean X would get a bigger sentence.

So some questions.

1. X feels like the justice system is hypocritical. If everyone leaves the gardai get away with this kind of behaviour then dont they become immune from the law? Would it not be a case of "justice for me, but not for thee?"
2. X does not want to go through a trial. But pleading not guilty seems to be the only way to fight the warrant. Because a jury etc is called, will a judge take it out on X for wasting resources etc if they fail on the warrant and then plead guilty immediatley. Can a barrister request that the contesting of the warrant be done at pre-trial hearings by the trial judge? Could that person bring a judicial review to the High Court if the trial judge refuses the request?
3. Does this person have a chance in hell going up against the gardai for forcing him to say he invited them in without a warrant?
4. If the transcript omits the part where X is cross examined during a "voluntary interview" will there be any consequences for the gardai? Does that make the interview null and void? or just the part where they are cross examined?
5. Can X speak for himself on his remorse etc if it comes to sentencing? or does it have to be done through the barrister?

thank you guys.

chunkylover4

On the basis of the vague information here, X should follow the advice given. There are at least a dozen questions I can think of to ask and without that information X can't get any clear advice.