The Gazette 1983

GAZETTE

APRIL 1983

not being a voluntary one. Secondly, it was submitted that

the alleged admission was procured by improper

inducements and threats which "vitiated" the alleged

admission as admissible evidence. In this context,

Counsel for the accused, stressed the duration of the

questioning of the accused before the incriminating words

were spoken. The accused had been arrested at 3 p.m. on

the afternoon of the 19th July. He was interviewed several

times at length that afternoon, next day and the following

morning. However, during his detention the accused had

five consultations with his solicitor.

The Court of Criminal Appeal referred to the fact that

they had recently considered in

DPP

Breathnach

why

statements obtained by oppressive questioning are

inadmissible. The concept of what is involved in

"oppressive police interrogation" was also considered in

the same case. In that case, the President of the High

Court delivering judgment stated:-

"This Court accepts with approval the description of

oppressive questioning given by Lord MacDermott in

an address to the Bentham Club and adopted by the

Criminal Division of the Court of Appeal in England in

Prager

In that address Lord MacDermott

described it as "questioning which by its nature,

duration or other attendant circumstances (including

the fact of custody) excites hopes (such as the hope of

release) or fears or so affects the mind of the subject that

his will crumbles and he speaks when otherwise he

would have stayed silent". This Court would further

adopt with approval the definition of oppression in the

context of questioning contained in the Judgment of

Sachs, J. in

Priestly

where he defined it as

follows:

. .

to my mind this word in the context ot the

principles under consideration imports something

which tends to sap and has sapped the free will which

must exist before a confession is voluntary."

The Court of Criminal Appeal concluded on this aspect

of the case:

"The length of the duration of the interviewing of the

accused and the shortness of the duration of the

accused's sleep do not in themselves establish the

validity of the submission now being considered. It is

obvious as the Court of Trial pointed out, that what

may be oppressive as regards a child, an invalid, or an

old man or somebody inexperienced in the ways ot tne

world may turn out not to be oppressive when one tinds

that the accused person is of tough character and an

experienced man of the world." (See judgment of Sachs

J in

R v Priestly

And so when a Court in considering

an allegation such as has been made in this case the

physical, mental and emotional characteristics of the

person whose will it is said was undermined must be

considered. A Court of Trial before whom an accused

gives evidence is obviously in a better position than an

appellate Court to reach a correct conclusion on such

an issue."

The Court of Criminal Appeal considered that the

accused was "an experienced man of the world not unused

to conditions of physical hardship." The fact that the

accused had the benefit of five visits from his Solicitor

prior to when he spoke the incriminating words was also

relevant.

The Court of Criminal Appeal in their judgment then

dealt with a submission by Counsel for the accused

Pringle that the evidence of the words spoken by the

accused was inadmissible because it was procured by

threats and or inducements. The Court then referred to the

relevant evidence. The áccused stated in evidence that he

had a "close relationship" with a certain lady. This lady

had been questioned about the crimes and the accused's

involvement in them. She had been brought to the Garda

Station on the 20th July. She answered questions in the

presence of the accused. The accused gave evidence in

the trial within the trial that he was told if he gave an

account of his movements on the 7th July "the whole

matter of (the lady) being at worst charged, or at least

having to give evidence wouldn't arise."

The Special Criminal Court in its judgment on this issue

said that they were satisfied from the nature of the

statements made by certain of the interrogating Gardai to

the Accused:-

"that the effect thereof could and consequently must be

regarded as constituting a threat or inducement to the

Accused to make a statement."

The Special Criminal Court, however, held that not-

withstanding the inducement, the verbal statement was

admissible on the grounds that (A) the effect of the threat

or inducement had been dissipated by subsequent events

and (B) had not been revived by any subsequent

questioning. The Court was satisfied that the effect of such

threat or inducement had been dissipated as a result of an

interview the accused had with his solicitor before he

made the admission.

IRISH LAW REPORTS MONTHLY

Volume 3 [1983] 12 Issues plus Index

Facts

ILRM— now in its third year of publication

— has seta precedent in Irish law reporting and has

proved to be a valuable service to practitioners.

Subscriptions — The annual subscription is £ 9 0 . 00

+ 23% VAT. Second and subsequent subscriptions

from the same source are supplied at a reduced rate.

Barristers — A special reduced rate applies to

barristers in practice for 5 years or less.

Back issues — are available in a buckram binding:

volume 1 1 9 81 and volume 2 1982, price £ 6 5 . 00 per

volume.

For further details please contact the publishers:

The Round Hall Press Ltd.

Kill Lane, Blackrock

Co. Dublin

Telephone 850922