Access to Statements give to Gardai for Civil Case

TimHorton · 28-11-2019 09:28AM #1

Person A make a complaint of assault by Person B to An Gardai and provides a statement , Person B make a counter allegation of assault by Person A and provides a statement to An Gardai , The Gardai also obtain CCTV of the Incident.

Ultimately the Gardai took no action.

Person B now wishes to proceed with a Civil Action , Is Person B entitled to request the Statements from Person A and B as well as the CCTV from the Gardai.

NUTLEY BOY · 28-11-2019 11:13AM

Generally, I suspect that the only satisfactory way to deal with something like this would be to instruct your solicitor to bring applications for orders for discovery against Gardaí and whoever "controls" the CCTV footage if they will not disclose voluntarily.

UrbanFox · 28-11-2019 04:40PM

I think that B would not be in a position in a civil action to demand a statement from A.

I have not seen one used for a while but B might serve A with a notice to admit facts.

Even if discovery fails if B can ascertain the identities of witnesses they can be compelled to appear in court by way of subpoena. Whether or not you would want to call them is another matter that would probably not be decided until they were spoken to and the value of their likely evidence evaluated

Access to Statements give to Gardai for Civil Case

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