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"Police officer asked to view CCTV is not the same as a witness to a crime", barrister submits in "one witness" case

Summary

Declan Tynan, a convicted person, appeared in the Court of Appeal regarding his conviction for violent disorder at Ladbrokes bookmakers in Killinarden, Tallaght, on December 13, 2012. Tynan had previously pleaded not guilty at Dublin Circuit Criminal Court, where he was found guilty by a jury and sentenced to four years imprisonment, with the final year suspended, by Judge Patricia Ryan on January 13, 2017. The appeal challenged the admissibility of evidence, specifically arguing that a Garda officer's identification of Tynan from CCTV footage was unreliable. Counsel for Tynan, Michael O'Higgins SC, submitted that the officer was not a direct witness to the crime and that the lack of recorded procedures for the video identification rendered the testimony unfair. He argued that no log or history of how the footage was viewed was kept, preventing objective testing of the recognition. The Director of Public Prosecutions' counsel, Maurice Coffey BL, countered that recognition evidence is distinct from identification evidence and that the defense was imposing an aspirational standard. The three-judge court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, reserved judgment. Consequently, the matter was adjourned, and Tynan must wait to hear the outcome of the appeal against his conviction.

Who, what, where, when and why

What: Report matter: "Police officer asked to view CCTV is not the same as a witness to a crime", barrister submits in "one witness" case. Charges or matters: violent disorder at Ladbrokes bookmakers in Killinarden, Tallaght on December 13, 2012. Procedural stage: appeal. Findings: Found guilty

When:

• December 13, 2012 Hearing Or Sentence
• January 13, 2017 Hearing Or Sentence
• 2017-05-19 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report