207 / 270
GAZETTE
NOVEMBER 1980
his part to answer them, and deprives the statement of that voluntary
character which is essential to its admissibility". Ibid., p. 90. The
reason behind this judicial hostility to police interrogation may be
partially explained on the basis that at one time the questioning of
accused persons was carried out by magistrates.
25. See Note 3.
26.
Commissioners of Custom and Excise
v.
Harz
[ 1967] 1 A.C.
760 at p. 820.
1
27. Recent Irish decisions reflect an uncompromising attitude on
the part of judges in their insistence that the trial of an accused be
conducted in accordance with the constitutionally prescribed mandate
of justice. In fulfilment of this constitutional directive the accused has
been invested with an impressive array of constitutional rights. In
The
State (Healy)
v.
Donoghue
[1976] I.R. 325 the concept of justice
inhering in the Constitution implied the existence of the following
rights: that the accused has a natural right to be informed of the nature
and substance of the accusation, to have the matter tried by an
impartial and independent court, to hear and test by examination the
evidence by or on behalf of the accused and to be allowed to give or
call evidence in his defence, to be heard in argument or submission
before judgment is given, (per Gannon, J. at pp. 335-336).
28. 2 Hawkins P. C. at 604, 2nd Ed. Cited in
People (A.G.) v.
Galvin
[ 1964] I.R. 325 and mentioned with approval by Lefroy, C. J.
in
Queen
v.
Johnston
(1865) 15 IR. C. L. R. 60. This line of thought
behind the rejection of confessions is recognized by Lord Reid in
Commissioner of Customs and Excise
v.
Harz
[1967] 1 A. C. 760 in
the form of the maxim
memo tenetur seipsum prodere
(at p. 820).
29.
See
11th Report, Criminal Law Revision Committee on
Evidence,
Cmnd. 4991, p. 35. This reason for exclusion is referred to
in the Report on the "disciplinary principle". This principle was
referred to by Browne, L. J. in
D.P.P.
v.
Ping Lin
[1976]. A.C. 574 at
p. 584.
30.
People (A.G.)
v.
McCabe
[1927] I.R. 129 at p. 134.
31. Pigot C. B. pointed to the dangers attending the practice of
interrogation. The danger to be guarded against is that statements may
be made which are not consistent with truth in order to escape from
the pressure of the moment. Referring to the interrogation of a
prisoner detained in custody Pigot C. B. observed: "A prisoner so
circumstanced may not hear, in terms, one word of hope held out or of
mischief threatened, and yet he may and in many cases must, be
actuated by hope that his answers will lead to his liberation, or fear
that his answers may cause his detention in custody. He is placed in
immediate contact with one who for the time is his gaoler, for the most
part with no third person present to witness what passes, and almost
always without the presence of any person to whom he can appeal for
protection, or who may control the examination within fair or
reasonable bounds. Manner may menace and cause fear as much as
words. Manner may insinuate hope as well as verbal assurances. The
very act of questioning is in itself an indication that the questioner will
or may liberate the answerer if the answers are satisfactory, or detain
him if they are not", (ibid, at p. 122).
32. Rule 3 of the Judges' Rules requires that persons in custody
^ should not be questioned without a caution being administered.
^
33. The Report of the Committee to recommend certain safe-
guards for persons in custody and for members of a Garda Siochana
(the O'Briain Report) 1978 recommended certain safeguards with
respect to the detention and interrogation of suspects e.g. that arrested
persons brought into custody for questioning be assigned a "custodial
guardian", that interrogation take place in a non-intimidatory environ-
ment, and that a reasonable time should be allowed elapses for the
attendance of a solicitor. See pp. 15-18.
34. In
Culombe
v.
Connecticut
6 L. Ed. 2d 1037, Justice Frank-
furter observed that "The notion of voluntariness is itself an
amphibian. It purports at once to describe an internal psychic state
and to characterize that state for legal purposes", (at p. 1059).
LAW SOCIETY CRICKETERS DEFEATED BY
AUSTRALIANS
On the occasion of their first visit to Ireland the
Australian Lawyer-Cricketers XI played a Law Society
XI at Castle Avenue, Dublin, on Tuesday, the 2nd of
September. The Australian Club were on their fourth
overseas tour having previously played in the West
Indies, Hong Kong, The United States and England.
The Law Society was able to turn out a reasonably
strong side of Dublin League cricketers captained by
David Pigot who has been capped for Ireland on a
number of occasions.
In spite of having the services of Gerry Kirwan of
Clontarf who was the leader in the Senior League bowling
averages in Dublin in 1980, the Law Society team's
attack proved inadequate to contain the Australians, who
amassed a total of 181 for 7 wickets in their allotted 45
overs.
The Law Society's innings got off to a promising start
and largely due to the contributions of the Phoenix pair
David Pigot and David Ensor seemed to be going nicely
when they reached 120 for the loss of 4 wickets.
Unfortunately the middle order batting failed and in spite
of resistance from the tailenders the innings ended 25 runs
short of the target.
The visiting party were entertained at a reception at
Blackhall Place later in the evening.
Law Society XI v. Australian Lawyers XI
Played at Castle Avenue, Dublin
on 2nd September, 1980
AUSTRALIAN XI
M. DAVID
b. HANBY
15
T. EVANS
ct SOWMAN b. TIGHE
64
P. FRASER
b. KIRWAN
35
R. SMITH
Run Out
37
S. O LOUGHLIN
ct PIGOT b. TIGHE
7
C. CONNOR
Not Out
15
M. HOGAN
b. KIRWAN
2
S. WAITES
b. KIRWAN
0
T. LAMBERT
Not Out
1
EXTRAS
5
TOTAL (Innings Closed—45 overs)
181 for 7 wkts.
Did Not Bat-A. Zachariah, R. McCaffrie
Bowling
0
M
R
W
H. TIGHE
13
0
55
2
P. HANBY
6
0
27
1
G. KIRWAN
16
4
41
3
B. COLLINS
9
0
43
0
D. R. PIGOT
1
0
10
0
LAW SOCIETY XI
D. R. PIGOT
ct FRASER b. CONNOR
45
D. JACOBSON
ct WAITES b. HOGAN
2
A. R. DEMPSEY
LBW DAVID
10
D. MARTIN
St. EVANS b. ZACHARIAH
0
D. ENSOR
ct SMITH b. ZACHARIAH
48
C. LYSAGHT
Run Out
7
P. HANBY
ct HOGAN b. ZACHARIAH
1
B. COLLINS
b. ZACHARIAH
0
H. TIGHE
St. EVANS b. O LOUGHLIN
13
F. SOWMAN
b. McCAFFRIE
10
G. KIRWAN
Not Out
6
EXTRAS
14
TOTAL
156
Bowling
0
M
R
W
M. HOGAN
7
2
13
1
S. O LOUGHLIN
63
0
21
1
1
M. DAVID
3
0
12
C. CONNOR
7
1
28
1
A. ZACHARIAH
12
0
43
4
R. McCAFFRIE
8
0
25
1
2 0 1