146 / 328
Discretion ofDistrictJustice to refuse to admit a statement.
The Supreme Court has held that a District Justice
has discretion to refuse to admit a statement, even
though it was made voluntarily, if it had been taken
in breach of the Judge's Rules.
The matter came before the Court in an appeal by
Patrick Leavy, Santry, Dublin, from a High Court
judgment on a question submitted for its opinion by
District Justice Molony of the Dublin Metropolitan
area.
The District Justice had stated that during the
hearing of a complaint against Mr. Leavy of having
driven a taxi in a dangerous manner at Malahide
Road, Dublin, on December 24th, 1957- Garda
J. McCarrick gave evidence that he had asked
Mr. Leavy if he were the owner of the car, and
who had been driving it when it struck a man on
December 24th, 1957, and Counsel for Mr. Leavy
objected on the ground that the garda had a duty
to caution Mr. Leavy before putting the question.
The District Justice allowed the solicitor for the
prosecution to examine the garda as to whether at the
time he put the question he had made up his mind to
prosecute Mr. Leavy. The garda said he had not, as
he did not know against whom a prosecution would
be taken until he learned who had driven the car on
the occasion.
The District Justice further stated that having
heard submissions on the proposition that the answer
the garda attempted to obtain would not be a
voluntary statement, decided that the evidence was
inadmissible.
He accordingly dismissed the summons and he
asked if he had been correct in that decision. The
High Court held that the evidence was admissible
and from that decision Mr. Leavy appealed.
The Supreme Court—the Chief Justice, Mr.
Justice Kingsmill Moore, and Mr. Justice Walsh—
said that the District Justice had discretion to refuse
to admit a statement even though it had been made
voluntarily if it had been taken in breach of the
Judge's Rules.
The District Justice had been wrong in law in
holding that Mr. Leavy's answer to the garda—
whether he had been driving the car—was not a
voluntary statement. The case would go back to the
District Justice and it would be open to him to
receive or refuse the evidence.
(Irish Independent,
7th June, 1962.)
THE REGISTRY
Register A.
BARRISTER OR SOLICITOR.
Private practice Northern Nigeria
Salary to £1,500. Free car, furnished accommodation. Early
partnership prospects. Home leave j months after 21 months
our. Particulars—Secretary, Incorporated Law Society.
SOLICITOR'S ASSISTANT, male of female, urgently required
tot
Dublin solicitors' office. State salary required and experience
if any.
Box A. 195.
•
.
.•
•
Register B.
CONVEYANCING CLERK (24) with approximately two years,
experience with London firm requires position as Conveyancing
and Probate Clerk in Dublin. Please state salary offered.
Box B. 266.
Register C.
FOR SALE.
Halsbury
(1912 Edition),
English and Empire Digest
(1924 Edition),
Supplements,
1940/46. Apply Box C. 169.
£10
OFFERED by Student for copy of "Principles of Equity"
by T. O'Neill-Kiely or for extended loan of same. Box C. 170.
REGISTRATION OF TITLE ACTS, 1891
AND
1942
ISSUE OF NEW LAND
CERTIFICATE
Applications have been received from the regis
tered owners mentioned in the Schedule annexed
hereto, for the issue of Certificates of Title in
substitution for the original Certificates issued in
respect of the lands specified in the said Schedule,
which original Certificates, it is alleged, have been
lost or inadvertently destroyed.
A new Certificate will be issued in each case
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of some
person other than the registered owner. Any such
notification should state the grounds on which such
Certificate is being held.
Dated the i7th day of August, 1962.
D. L. McALLISTER,
Registrar of Titles.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
SCHEDULE.
1. Registered Owner, John Whelan.
Folio
number 4861 (Revised).
County Leix (Queens).
Lands of Raheenahoran in the Barony of Mary
borough East containing 37a. 3r. 35p.
2. Registered Owner, Ellen Carver. Folio number
3208. County Cork. Lands of Kanturk in the Barony
of Duhallow containing 133. 2r. 2ip.
3. Registered Owners, The Irish Land Com
mission. Folio numbers 12346 and 9147. County
Tipperary. Lands of Castlecranna in the Barony of
Owney and Arra containing io4a. or 9p. and '133.
3r. 27p. respectively.
'
;'
4. Registered Owner William Nicholls.
Folio
number 388 County Leitrim. Lands of Rassaun in
the Barony of Carrigallea containing 303. or op.
Printed by Cahill 9 Co., Ltd., Parkgate
Printing Works, F
' '*«.