Courts / Dublin / Report
Failure of Gardai to have proper undercover protocol "unsatisfactory," judge says
Summary
The Court of Appeal has dismissed an appeal by Robert Mills, a 25-year-old from Lissadel Green, Drimnagh, Dublin 12, who had pleaded guilty to two charges of possession of a controlled drug with intent to supply in December 2015. The appeal challenged the trial judge's ruling that garda evidence of purchasing drugs from him was admissible, arguing the operation breached his Article 6 rights under the European Convention on Human Rights due to a lack of proper authorisation. Mr Justice Alan Mahon dismissed the claim, stating the operation was sanctioned by the Garda Commissioner and that Mills was provided with no more than an unexceptional opportunity to commit a crime, which he freely took. However, the judge described the failure of An Garda Síochána to implement a proper protocol for undercover drug operations as "unsatisfactory." He noted that Ireland lacks a formal system for authorising and supervising such operations, which are currently conducted with a degree of informality. Justice Mahon recommended that Ireland look to the British system, suggesting a Code of Practice possibly based on the UK model should be established to ensure greater formality, record-keeping, and dedicated recording of details to assist in court proceedings arising from undercover operations.
Who, what, where, when and why
What: Report matter: Failure of Gardai to have proper undercover protocol "unsatisfactory," judge says. Charges or matters: two charges of possession of a controlled drug with intent to supply in December 2015, after the judge at his trial ruled garda evidence of buying the drugs from him as admissible. Procedural stage: appeal
When:
- December 2015 Incident
- March 28, 2013 Hearing Or Sentence
- 2015-12-21 Publication
Why: The appeal stated that the trial judge should not have deemed that evidence admissible because gardai were "initiating or instigating the commission of a criminal offence," adding that they did so without sufficient independent authorisation. CNI source report
Case subjects
Applicant
Charges: two charges of possession of a controlled drug with intent to supply in December 2015, after the judge at his trial ruled garda evidence of buying the drugs from him as admissible (Alleged Or Contested)
Applicant
Charges: two charges of possession of a controlled drug with intent to supply in December 2015, after the judge at his trial ruled garda evidence of buying the drugs from him as admissible (Admitted)
Plea: Guilty
Places mentioned
- Court of Appeal
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request