Courts / Dublin / Report
Evidence of crucial interviews with firearms accused not admissible
Summary
The Special Criminal Court ruled that evidence of Garda interviews with Vincent Ryan (22) and Darragh Evans (23) concerning the possession of an AKM assault rifle and a Webley revolver is inadmissible. The court held a voir dire to assess whether Section 18 b(iii) of the Criminal Justice Act 1984 was properly invoked. The section allows inferences from an accused's failure to account for an object. The judge found that the section was not properly invoked because it was necessary to establish that the accused possessed the magazine or rifle, a point the court deemed circular. The prosecution case was deemed concluded. The investigation began after a firearm discharge on Marsfield Avenue, where a Saab 95 was searched and an AKM rifle, an AK‑47 magazine, a Webley revolver and a Pringles lid were recovered.
Who, what, where, when and why
What: Report matter: Evidence of crucial interviews with firearms accused not admissible. Procedural stage: sentence
When:
- September 15th, 2011 Incident
- 2013-10-18 Publication
Case subjects
Co Accused
Outcome: Counsel for Mr Ryan, Mr Hugh Hartnett SC, today (Friday) said the non-jury court should enter a voir dire, a trial within a trial to determine the legitimacy of questions asked and answers given during the detention of the accused where detectives invoked Section 18 b (iii) of the Criminal Justice Act 1984 as amended by the Criminal Justice Act 2007.
Accused
Outcome: Counsel for Mr Ryan, Mr Hugh Hartnett SC, today (Friday) said the non-jury court should enter a voir dire, a trial within a trial to determine the legitimacy of questions asked and answers given during the detention of the accused where detectives invoked Section 18 b (iii) of the Criminal Justice Act 1984 as amended by the Criminal Justice Act 2007.
Places mentioned
- Special Criminal Court
- The Special Criminal Court
- Dublin
- Marsfield Avenue
- Marsfield Avenue
Topics
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