Courts / Tipperary / Report
Interviewing gardai should not have supervised murder suspect's cigarette breaks, lawyers submit
Summary
In a 2017 appeal, lawyers for Maurice Power, a 34‑year‑old from Kilmoyler, argued that Gardaí supervising his cigarette breaks during an interview on suspicion of murdering Shane Rossiter violated proper procedure. Power, who had pleaded not guilty to Rossiter's 2012 murder, was found guilty by a jury of 11‑1 and received a mandatory life sentence in 2014. His barrister, Dominic McGinn SC, contended that the Gardaí's involvement in the breaks, supposedly due to resource constraints, effectively influenced Power's confession. He claimed the Gardaí provided information that Power repeated, thereby inducing the confession, and that the trial judge failed to question the admissibility of the confession and related evidence. The Director of Public Prosecutions' counsel dismissed these claims, describing them as lacking substance, and the court was to reserve judgment.
Who, what, where, when and why
What: Report matter: Interviewing gardai should not have supervised murder suspect's cigarette breaks, lawyers submit. Charges or matters: the murder of Shane Rossiter following a house party in Church Lane, Golden, on October 17, 2012. Procedural stage: appeal. Findings: Found guilty
When:
- October 17, 2012 Hearing Or Sentence
- June 5, 2014 Hearing Or Sentence
- 2017-11-02 Publication
Why: Mr McGinn said the purported reason for having to involve the interviewing gardaí in the supervised cigarette breaks was a lack of resources or manpower. CNI source report
Case subjects
Appellant
Charges: the murder of Shane Rossiter following a house party in Church Lane, Golden, on October 17, 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Power was found guilty by a majority jury verdict of 11-1 and he was accordingly given the mandatory life sentence by Ms Justice Deirdre Murphy on June 5, 2014.
Places mentioned
- Church Lane
- The Central Criminal Court
- Court of Appeal
Topics
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