Restriction on defence in criminal trials.

political analyst

https://www.irishtimes.com/business/financial-services/former-irish-life-permanent-chief-loses-appeal-over-conviction-1.3801455

In 2019, the Supreme Court ruled against Denis Casey's appeal.

In trials that concerned the Anglo Irish Bank scandal, Judge Martin Nolan ruled that the defence of officially-induced error could not be put to the jury. Given that defendants in criminal trials are presumed innocent until proven guilty (and guilt was proven in Casey's case and in the cases of other defendants in relation to Anglo), doesn't the restriction on defences that defendants on trial for financial crimes may wish to use undermine the jury's independence with regard to the presumption of innocence?

ohnonotgmail

what is the connection between the presumption of innocence and restrictions on defence?

political analyst

https://www.boards.ie/discussion/comment/118145124#Comment_118145124

In essence, my point is: Does restricting the defences that can be used by a defendant in a criminal trial, especially if crime is a breach of corporate law, undermine the presumption of innocence, especially considering that the offences committed at or relating to Anglo Irish Bank didn't exactly involve the idea of causing hardship to innocent people?

ohnonotgmail

https://www.boards.ie/discussion/comment/118146487#Comment_118146487

In essence, my point is: Does restricting the defences that can be used by a defendant in a criminal trial, especially if crime is a breach of corporate law, undermine the presumption of innocence,

no, I can't see how it does that

especially considering that the offences committed at or relating to Anglo Irish Bank didn't exactly involve the idea of causing hardship to innocent people?

the type of offence has no bearing on the presumption of innocence.

political analyst

https://www.boards.ie/discussion/comment/118146536#Comment_118146536

But isn't there an issue regarding proportionality because, after all, it doesn't make sense to apply exactly the same standards to non-violent financial offences as to murder or other serious violent offences?

ohnonotgmail

https://www.boards.ie/discussion/comment/118146597#Comment_118146597

i'm not seeing the issue. the ruling was quite clear and I can't see how it would ever apply to violent offences. I can't see the local sargeant handing out advice that it is ok to commit violent offences.

political analyst

https://www.mccannfitzgerald.com/knowledge/administrative-and-public-law/white-collar-crime-officially-induced-error-can-halt-a-criminal-trial