Labour demands video cameras in all garda stations

THERE was renewed controversy over the availability of video recording equipment in all garda stations yesterday.

It came in the wake of the not guilty verdicts handed down to two men in the Denis Franklin assault case.

Mr Franklin was left in a vegetative state after an assault in Cork two years ago. Two men charged in connection with the assault walked free on Monday after Cork Circuit Criminal Court Judge Patrick A Moran directed the jury to deliver not guilty verdicts.

Legal argument had centred on whether the pair were induced into making statements in custody, as the gardaí told them to “tell the truth”; warned them they could go to jail; that they were caught on security cameras and their friends had “ratted” on them.

Gardaí denied the claims made by the defence. The interviews were not recorded visually as there was no equipment available.

Labour Party justice spokesman Joe Costello yesterday called for the “immediate installation of video equipment in all garda stations”.

“This is not the first case in recent times on which the outcome depended on statements taken in controversial circumstances in garda stations.

“The only way to prevent against statements being disputed is by ensuring all are videotaped,” he said.

“In this case, the absence of videotaping, and the controversy over statements taken by gardaí, have prevented the charges of a severe beating against two men being heard.

“The family of the victim are right to have little faith in a justice system that operates in such a way,” said Mr Costello.

Twenty five years after electronic recording was mooted, 20 years after regulations were drawn up, seven years after being signed in to law and five years after an installation programme began, it remains an issue.

It emerged yesterday gardaí rarely insist interviews be videotaped if a suspect objects, even though members have a right to do so under regulations first drawn up two decades ago.

All districts and most major garda stations have recording equipment, but that does not mean they are used. A suspect can object to taping but the interviewer “may continue the electronic recording,” according to the regulations.

That does not happen, says Garda Representative Association’s Michael Kirby, who admitted there’s a belief among some members that once a suspect objects, then the machine should be turned off.

According to Mr Kirby, if a suspect says he or she does not want to speak when the machine is running, the member will more than likely take out the tape.

The Justice Department pointed out yesterday that the powers are there for gardaí to over-ride any objections from those suspected of serious crimes carrying a potential sentence of five years or more, as well as drugs and terrorism offences.

But the GRA wants compulsory recording of all interviews of those suspected of serious crime.