The Court of Criminal Appeal refused Raymond Gormley leave to appeal, finding that Gardaí had not denied his constitutional right to reasonable access to a solicitor while he was in custody.
The applicant argued that police should have waited for his nominated solicitor to arrive before interviewing him. The solicitor contacted the Garda station at 3.05pm and said he expected to arrive shortly after 4pm, or as soon as possible after that. Gardaí began interviewing Gormley at 3.10pm. The solicitor arrived at 4.48pm, and met Gormley privately for 45 minutes.
Gormley had been arrested shortly before 2pm on 24 April 2005, after Gardaí found him at his apartment. He had been convicted of attempted rape. The judgment records that the complainant said he entered her home through an upstairs window while she was asleep and began sexual activity without her consent.
Gardaí had tried to contact two solicitors nominated by Gormley. They had office numbers but no mobile or home numbers. A Garda car was sent to look for one solicitor; after finding no one at his parents’ home, Gardaí spoke to his wife, who agreed to contact him. The court described these efforts as diligent and found no evidence of misleading the applicant or of a manoeuvre intended to interfere with his access to legal advice.
The court rejected the argument that interviews must stop indefinitely whenever a solicitor has been requested or is expected to attend. It said the right requires Gardaí to inform a detained person of the entitlement, make reasonable efforts to secure advice, and avoid strategies that undermine access. Once a solicitor arrives, the person must be told and given immediate access if requested. Advice may also be given by private telephone communication where an in-person consultation is unavailable.
The judgment said the six-hour detention period under the Criminal Justice Act 1984 was running during the events, and the legislation did not provide for extending detention because Gardaí were making reasonable efforts to obtain legal advice. In the circumstances, Gardaí were not obliged to wait for the solicitor before starting the interview. The court concluded there had been no denial of the constitutional right to reasonable access to a solicitor and refused leave to appeal.