Loopholes encourage gardaí not to use electronic recordings

GARDAÍ are able to avail of too many loopholes to avoid using electronic recording equipment when interviewing suspects, a senior legal expert said yesterday.

Professor Dermot Walsh’s comments follow a statement by Mr Justice Niall Fennelly of the Supreme Court regarding the apparent “slowness” among gardaí to use widely available video-recording equipment.

Mr Walsh, of the University of Limerick, said there had been “tremendous foot-dragging” since regulations enabling electronic recording were introduced in 1997. He said there was plenty of scope in the regulations for this equipment not to be used.

He said gardai did not have to use the equipment if the suspect requested. “The guards maintain that a significant number, if not most, suspects do not want to be recorded. I’m doubtful about that. In Britain, virtually all interviews are recorded and suspects don’t have a problem.”

Mr Walsh said it would be easy for gardaí to put suspects off the idea, particularly suspects who have been brought in for questioning for the first time or who are someway vulnerable.

Director of the Centre for Criminal Justice Professor Walsh said, if the recording room was in use, gardaí could carry out the interview elsewhere. He said gardaí were also not obliged to take people arrested under the relevant acts to stations which had the equipment.

Suspects investigated for serious crime from larceny to murder can have their interviews recorded. This falls under Section 4 of the Criminal Justice Act 1984, Section 30 of the Offences Against the State Act 1939 and Section 2 of the Criminal Justice (Drug Trafficking Act).

Prof Walsh pointed out that suspects could be detained for up to 72 hours under the Offences Against the State Act and up to seven days under the Drug Trafficking Act. “That is a long time under interrogation without objective record, if the equipment is not being used.”

He said that Justice Minister Michael McDowell was proposing to extend the 12-hour detention period allowed under the Criminal Justice Act to 24 hours.

The Working Group on the Jurisdiction of the Courts last week said video-recording “should be promoted” within the force. The group noted that legal arguments over the admissibility of evidence, which can last for days, with resultant extra costs and disruption, could virtually be eliminated through video-recording.

A garda spokesman said that the equipment was being used in all the stations in which it was available.

He said gardaí would go to stations which had the equipment, if the suspect was arrested under the relevant acts.

“If the equipment is there, they have to be used, it’s not an option. Gardaí do avail of them, all the time. Video-recording protects gardaí from allegations, so it’s in our interests to use it.”