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Retracting a statment made to the guards

  • 09-03-2013 12:37AM
    #1
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Hi guys,

    Recently I was questioned by the Gardaí and I made a statement and was asked to sign the little book, however, when I made this statement I was in shock and I do not remember everything I said, whether it was true or not, and I self-incriminated myself for an unrelated crime.

    I have a strong feeling that the matter will go to court, but I have not been served a summons yet. I am wondering, can I retract my statement on the grounds that I was in shock, in fear for my safety when I made it and that parts of it are incorrect? Can I do this after I am served with a summons?

    Thanks


Comments

  • #2
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    You can challenge it in court.


  • #3
    Maxpv
    Registered Users, Registered Users 2 Posts: 55 ✭✭Maxpv


    SB2013 wrote: »
    You can challenge it in court.

    Yes, I understand this, but the problem is that this statement is a key piece of evidence in the case and I'm sure it would take a lot of convincing to get a judge to exclude it as it would throw the entire case, I admitted to a crime in it and without this statement the guards would essentially have nothing.

    So, there is no way I can take back the statement out of court?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    SB2013 wrote: »
    You can challenge it in court.

    Anything you say can and will be used against you. This is why I say shut the **** up.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Blazr wrote: »
    Yes, I understand this, but the problem is that this statement is a key piece of evidence in the case and I'm sure it would take a lot of convincing to get a judge to exclude it as it would throw the entire case, I admitted to a crime in it and without this statement the guards would essentially have nothing.

    So, there is no way I can take back the statement out of court?

    Statmemts can only be used in indictment crimes.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,566 Mod ✭✭✭✭johnnyskeleton


    ResearchWill wrote: »

    Statmemts can only be used in indictment crimes.

    Come again?

    OP, go to a solicitor and talk it through with them before you do anything else.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    johnnyskeleton wrote: »
    Come again?

    OP, go to a solicitor and talk it through with them before you do anything else.

    If a witness who has made a statment (not the accused) and then refuses to swear up, on indictment only the statment may be read to the jury.


  • #8
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,566 Mod ✭✭✭✭johnnyskeleton


    ResearchWill wrote: »

    If a witness who has made a statment (not the accused) and then refuses to swear up, on indictment only the statment may be read to the jury.

    Ok, I thought you were talking about the statement of an accused or potential accused (as per op).


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    johnnyskeleton wrote: »
    Ok, I thought you were talking about the statement of an accused or potential accused (as per op).

    I should have been clearer.


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