Courts / Dublin / Report

Garda reference to arresting brothers capable of being threat, judge rules

Date
2015-01-23

Stage
Charge Or Pretrial

Primary locality
Dublin

County
Dublin

Summary

In a 2015 case, a judge ruled that Gardaí used a threat to induce Philip Finnegan, 26, to confess to owning a blank firing semi‑automatic pistol found in a box of toys in his bedroom. Finnegan had pleaded not guilty to unlawful possession of the firearm at Dublin Circuit Criminal Court. During a search, Gardaí located the gun in a box with toys and video games in a bedroom shared with his three younger brothers. Finnegan initially claimed the firearm belonged to his brothers but later told officers to charge him instead. After reviewing video footage of his interviews, Judge Mary Ellen Ring found that Garda references to arresting his brothers were threats that undermined the voluntariness of his statement. Consequently, the Director of Public Prosecutions entered a nolle prosequi, dropping the charges. The ruling emphasized that the prosecution must prove a statement was voluntarily made, a burden not met in this case.

Who, what, where, when and why

What: Report matter: Garda reference to arresting brothers capable of being threat, judge rules. Charges or matters: unlawful possession of a blank firing semi-automatic pistol at his home in Mary Aikenhead House, James Street, Dublin on March 14, 2013. Procedural stage: charge_or_pretrial

When:

March 14, 2013 Incident
2015-01-23 Publication

Case subjects

Philip Finnegan

Defendant

Charges: unlawful possession of a blank firing semi-automatic pistol at his home in Mary Aikenhead House, James Street, Dublin on March 14, 2013 (Alleged Or Contested)

Plea: Not guilty