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Garda interviewing of a person with dementia / cognitive impairment

  • 11-12-2024 08:26PM
    #1
    Boxcar_Willie
    Registered Users, Registered Users 2 Posts: 442 ✭✭


    A relative has been asked by Gardai to come to the Garda Station by appointment next week regarding an investigation that they are conducting. It’s a relatively minor matter , most likely a civil matter , and they are happy to attend as they feel there is no case to answer.

    The relative was diagnosed with dementia in 2023 following a series of scans , assessments and testing , and is taking prescribed medication for this condition and also has a very complex medical history , however the family are concerned about their vulnerability if questioned.

    The incident that the Gardai are investigating occurred in early 2024 .

    Should my relative contact the investigating Garda in advance to make them aware of the situation and what safeguards can be put in place to protect them .

    Medical evidence can be produced to confirm diagnosis .



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Comments

  • #2
    Raichų
    Registered Users, Registered Users 2 Posts: 1,286 ✭✭✭Raichų


    I would not be attending that interview without my solicitor if I were them.

    Telling the Gardaí in advance would certainly be wise yes.



  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Solicitor. AGS not to be trusted in any way shape or form.



  • #4
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,826 Mod ✭✭✭✭Jim2007


    There is not much to go on:

    • What is their role in the situation - a potential witness, the victim or the perpetrator?
    • At what stage is the dementia? Have they been certified as not capable of managing their affaris etc

    As Joe Christle (RIP) used to say: More people are in the "Joy" because the opened their mouth rather than for what they did. So I'd never advise a perpetrator to go to a Garda interview without a solicitor. The same goes for a witness that is not just a passer by as they could easily talk themselves into a charge as well.



  • #5
    Oscar_Madison
    Registered Users, Registered Users 2 Posts: 9,415 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Solicitor first- do not pass go- do not collect £200 without one - ESPECIALLY in their condition



  • #6
    Boxcar_Willie
    Registered Users, Registered Users 2 Posts: 442 ✭✭Boxcar_Willie


    https://www.boards.ie/discussion/comment/122947333#Comment_122947333

    Alleged perpetrator .

    Diagnosis is Lewy Body dementia with further investigation for Parkinson’s Disease.

    Has not yet been certified as not capable of managing their own affairs , however is not allowed to drive and requires a full-time carer.



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  • #7
    csirl
    Registered Users, Registered Users 2 Posts: 860 ✭✭✭csirl


    Dont bring him full stop.

    Someone with dementia is a rabbit in the headlights in a situation like this. The fact that he's being invited in for what you think is a minor civil matter means someone on the other side is pushing the Gardai for a prosecution. Unlikely to end well if he attends.



  • #8
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,540 ✭✭✭✭Mrs OBumble


    they feel there is no case to answer

    Sorry, but their feeling are 100% irrelevant.

    In fact, I'm sure most criminals feel that way too.

    Get a Solicitor. Yesterday!

    Post edited by Mrs OBumble on


  • #9
    Woodcutting
    Registered Users, Registered Users 2 Posts: 515 ✭✭✭Woodcutting


    Never go to the Garda station unless arrested . Many ended in jail for helping garda with enquiries.



  • #10
    peter4918
    Registered Users, Registered Users 2 Posts: 371 ✭✭peter4918


    as far as I know Gardai don’t investigate civil matters so it must be for something more than a civil matter?



  • #11
    Woodcutting
    Registered Users, Registered Users 2 Posts: 515 ✭✭✭Woodcutting


    Does the Garda know he has dementia ? If so he shouldn't be asking him to go alone.



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  • #12
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,826 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/comment/122947391#Comment_122947391

    Then definitely a case for a solicitor.



  • #13
    Dr Turk Turkelton
    Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Dr Turk Turkelton


    Shows the esteem that the Guards hold in this country when every answer without fail is to not go!

    This is boards- the most contrarian site on the Internet yet for once everyone agrees😂



  • #14
    beachhead
    Registered Users, Registered Users 2 Posts: 3,496 ✭✭✭beachhead


    Could be an attempt to get the person to admit guilt.Especially,if the Gardai were not on the scene of the alleged complaint/offence.I would have expected a home visit in the first instance.Not a Garda station visit.Bring a solicitor and a friend.



  • #15
    cml387
    Registered Users, Registered Users 2 Posts: 8,890 ✭✭✭cml387


    That's silly. The advice is not to go the Gardai without a solictor under these particular circumstances.

    Sorry: quoting Dr. Turk



  • #16
    Donald Trump
    Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    And why would the Gardai be conducting investigations for a civil matter?



  • #17
    AndrewJRenko
    Registered Users, Registered Users 2 Posts: 31,783 ✭✭✭✭AndrewJRenko


    https://www.boards.ie/discussion/comment/122948265#Comment_122948265

    Or just don't go, full stop.

    The danger is that if it's a serious matter, they'll get a warrant and arrest him, which could make it more difficult to control the situation.



  • #18
    Boxcar_Willie
    Registered Users, Registered Users 2 Posts: 442 ✭✭Boxcar_Willie


    Thanks everyone for the replies .

    The family are going to engage a solicitor.

    As they live in a provincial town and the investigating Garda Station is in Dublin would it be best to contact a Dublin based solicitor ?



  • #19
    Kaisr Sose
    Registered Users, Registered Users 2 Posts: 3,708 ✭✭✭Kaisr Sose


    First off, I would clarify what they want to interview about. Garda have no role in civil matters.

    I do not think someone with Dementia should be subjected to a standard Garda interview. I only found out about Lewy Body Dementia in 2022, when a friend was diagnosed. It's an awful degerative /progressive condition.



  • #20
    Woodcutting
    Registered Users, Registered Users 2 Posts: 515 ✭✭✭Woodcutting


    https://www.boards.ie/discussion/comment/122947918#Comment_122947918
    https://www.boards.ie/discussion/comment/122948314#Comment_122948314

    If he is arrested he will be cautioned and have rights he wouldn't have in a casual chat. Cop probably wants to weasel info to ground an arrest . You're never having a chat with a cop



  • #21
    mountai
    Registered Users, Registered Users 2 Posts: 978 ✭✭✭mountai


    No matter what the circumstances , when questioned by Guards , always retort — " I have nothing to say " .



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  • #22
    Boardnashea
    Registered Users, Registered Users 2 Posts: 920 ✭✭✭Boardnashea


    https://www.boards.ie/discussion/comment/122948487#Comment_122948487

    Look for a local solicitor and ask the guard to call down to a meeting in the solicitors office.



  • #23
    inajock
    Registered Users, Registered Users 2 Posts: 157 ✭✭inajock


    The old man to man chat, say clear of the Gards and their lies



  • #24
    Raichų
    Registered Users, Registered Users 2 Posts: 1,286 ✭✭✭Raichų


    https://www.boards.ie/discussion/comment/122948487#Comment_122948487

    no get a local solicitor as they will of course want to meet you and discuss the details with you (when I said you I mean the relevant party).

    They will attend the interview if held in Dublin with you that is their job. You’ll be paying them enough here don’t work for the solicitor either.

    Best of luck OP. I’m sure the Garda is just doing their job and has no sinister intention but nevertheless you’re better off letting a solicitor handle it from now on especially with the dementia to factor in.



  • #25
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,915 ✭✭✭GerardKeating


    https://www.boards.ie/discussion/comment/122947065#Comment_122947065

    I would not attended with a solicitor, even with no impairment/diagnoisis. And it's not a civil matter.

    Either attend with solicitor and medical documentation, but try to get solicitor/doctor to defer interview pending more medical assessment and/or treatment. Ask for more details before attending might be best



  • #26
    A350-900
    Registered Users, Registered Users 2 Posts: 101 ✭✭A350-900


    Are solicitors allowed to attend interviews?



  • #27
    Raichų
    Registered Users, Registered Users 2 Posts: 1,286 ✭✭✭Raichų


    https://www.boards.ie/discussion/comment/122955498#Comment_122955498

    Obviously how are they supposed to do their job if not in the interview? A solicitor is there to mainly make sure their client is treated appropriately and also to advise on what if anything to say as not to potentially incriminate yourself.



  • #28
    A350-900
    Registered Users, Registered Users 2 Posts: 101 ✭✭A350-900


    It was practice certainly up to a few years ago that solicitors were not allowed attend interviews. They could give advice outside. Things may have changed.



  • #29
    drury..
    Registered Users, Registered Users 2 Posts: 2,203 ✭✭✭drury..


    https://www.boards.ie/discussion/comment/122949050#Comment_122949050

    Ah they do I've had lots of dealings and chats

    But you do have to tread carefully when it comes to interviews and statements , solictor first



  • #30
    spaceHopper
    Registered Users, Registered Users 2 Posts: 4,162 ✭✭✭spaceHopper


    In this case I would get a local solicitor and go over it with them, they can make a prepared statement. Get a letter from their Dr outlining that their medical history and they are not suitable to questioning.

    At that point you can do two things,

    You or the solicitor inform the Garda of their dementia and that they won't be attending, or ask for accommodations to be made for the interview. The risk is they get a warrant and arrest them, which would be very upsetting for them.

    Or got with the local solicitor or with one they recommend and have spoken to and handover the prepared statement.

    This is definitely not a civil matter.



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  • #31
    Woodcutting
    Registered Users, Registered Users 2 Posts: 515 ✭✭✭Woodcutting


    https://www.boards.ie/discussion/comment/122965912#Comment_122965912

    Better off arrested than going for a chat. Never having a chat with a cop. Before section 4 of the Criminal Justice Act 1984 people were asked to help garda wirh enquiries . Some didn't know they didn't have to go or were free to leave and ended up in jail on illegally obtained evidence .

    If they want him at the station let them arrest him, then he has legal rights to solicitor silence etc. If they had any evidence they would have arrested him.

    Never go fishing with a cop when they have the rod.

    Thanks



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