Courts / Ireland / Report

Judge erred in excluding mobile phone mast evidence, appeal court finds

Summary

In a 2016 appeal, the Court of Appeal overturned a trial judge's decision to exclude evidence from mobile phone masts, which prosecutors had argued would create ongoing difficulties in criminal trials. The appeal, taken with prejudice, followed the directed acquittal of two men for an alleged historic crime; the identities and details of the alleged crime cannot be published as they are not currently charged. The judge had ruled the mast records inadmissible because there was no "appropriate authoritative evidence" describing the system's function for the relevant dates. The Court of Appeal, led by Mr Justice George Birmingham, found that the judge erred, noting that the data were reliable and that the prosecution had not sought precise locations but general directions. The court will consider whether a retrial is appropriate on July 21. The decision underscores that the exclusion of such evidence was incorrect and that the evidence was compelling.

Who, what, where, when and why

What: Report matter: Judge erred in excluding mobile phone mast evidence, appeal court finds. Procedural stage: appeal

When:

• July 21 Hearing Or Sentence
• 2016-06-14 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report