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Book of Evidence Gardai statements

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  • 21-08-2021 9:16pm
    #1
    Registered Users Posts: 47


    Im absolutely crap at all things law so if i sound stupid its prob cause i am.

    In a book of evidence there is a statement of evidence that the gardai intend to say in court.

    The two statements are about the same search but two differ in areas (as expected when they are lying)

    Do they have to stick to these statements in the actual court room? Or can they change it willy nilly?

    Thought the whole point of disclosure was to give the accused time to prepare a defence. So if they are able to change it on the day does that not deny the right for the accused to have a defence?



Comments

  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    The evidence the Garda gives in court is their evidence.

    They would of course be questioned about their statement, when they made it etc etc also if it differs from the evidence given in court, that will be questioned.



  • Registered Users Posts: 25,355 ✭✭✭✭coylemj


    The two statements are about the same search but two differ in areas (as expected when they are lying)

    • They give identical recollections of the search - they've obviously collaborated on their statements. To stitch up the suspect
    • They give statements which differ in some areas - as expected when they are lying

    If I was on a jury, I'd be far more likely to regard multiple Gardai as credible witnesses if there was a couple of discrepencies in their evidence. I know the defence will pounce on it as indicating poor recollection which would potentially render all of their evidence as suspect but it gives a measure of credibility to the witnesses. In that they did not all go into the witness box to tell an identical (i.e. clearly rehearsed) story.



  • Registered Users Posts: 2,213 ✭✭✭mikethecop


    statements are always going to be a bit different , they are from different points of view ,


    but as above evidence given in court is what is taken into account but the judge .


    your solicitor can ask that only one garda be present in the court at a time if that would make you feel better though



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