Courts / Dublin / Report

Gardai have obligation to seize CCTV evidence during investigations, court told

Date
2019-10-23
Stage
Trial
Primary locality
Dublin
County
Dublin

Summary

In the Special Criminal Court, the State's counsel argued that Gardaí must seize CCTV footage when investigating crime, citing a Supreme Court ruling that imposes a positive obligation on police to collect such evidence. The case concerns 37‑year‑old Liam Brannigan, charged with conspiring to murder Gary Hanley between 15 September and 6 November 2017. Brannigan pleaded not guilty. The prosecution presented that Gardaí gathered 3,500 hours of CCTV from Dublin businesses and installed hidden listening devices in cars. Brannigan's lawyers sought to exclude the footage, claiming it breached his privacy rights and that Gardaí had unlawfully used the city's CCTV infrastructure. The State countered that no evidence showed a privacy breach and that the footage was real, probative evidence. The court was instructed to consider the footage as admissible evidence under the law. The trial proceeded under Mr Justice Paul Coffey, with Judges Sinéad Ní Chúlacháin and James Faughnan presiding.

Who, what, where, when and why

What: Report matter: Gardai have obligation to seize CCTV evidence during investigations, court told. Charges or matters: conspiring to murder Gary Hanley at a location within the State between September 15th and November 6th, 2017. Procedural stage: trial

When:

Why: Mr Gillane added: "It's suggested that we're a police state precisely because we're not a police state. CNI source report

Case subjects

Liam Brannigan

Accused

Charges: conspiring to murder Gary Hanley at a location within the State between September 15th and November 6th, 2017 (Alleged Or Contested)

Plea: Not guilty

Places mentioned

Court Venue
  • Special Criminal Court
  • The Supreme Court
  • Central Criminal Court
Residence
Secondary Mention
Journey Or Route

Topics

Stage Trial Violent Crime

Related court reports

Read the original CNI report

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