The Supreme Court has dismissed Anthony Buck's appeal over the admission of statements he made while detained during the investigation into the murder of David Nugent in Clonmel.
Mr Buck had been convicted in the Central Criminal Court in February 1998 of murdering Mr Nugent on the night of 8 and 9 July 1996. He received the mandatory life sentence for murder and a 12-year sentence for robbery.
The appeal concerned questioning at Cahir Garda Station after Mr Buck asked to see a solicitor on 14 July 1996. Gardaí continued questioning him while attempts were being made to find a solicitor. The court heard that several solicitors could not initially be contacted on the Sunday afternoon.
Solicitor Ciaran Cleary eventually arrived at 8.33pm and met Mr Buck. The trial judge accepted Mr Cleary's evidence that he advised Mr Buck that he did not have to make a statement and that Mr Buck appeared relaxed and understood his position.
Mr Buck began making an incriminating statement at about 9.30pm. He said he had met Mr Nugent with two other people and had participated in dropping a large rock on him during an assault.
His lawyers argued that the Garda questioning before the solicitor arrived breached his constitutional right of reasonable access to legal advice and tainted the later admissions.
Chief Justice Ronan Keane held that the trial judge was entitled to find that gardaí had made bona fide efforts to secure legal assistance and had not deliberately tried to deprive Mr Buck of access to a solicitor.
The court also held that even if the earlier questioning had breached his constitutional rights, there was no causal connection between that questioning and the statements made after legal advice had been obtained.
The Supreme Court dismissed the appeal and affirmed the Court of Criminal Appeal's order. It answered the certified legal question in the negative.