Attempted rape finding has serious implications

A unanimous Supreme Court judgment quashing a man’s attempted rape conviction on grounds that suspects who request a lawyer cannot be questioned by gardaí until they get legal advice has significant implications for Garda investigations and may affect some prosecutions.

The court’s finding that the constitutional right to a fair trial includes a right to legal advice before questioning “can hardly come as a surprise,” Mr Justice Frank Clarke said as he handed down the court’s judgment.

The State must have known for some time such a ruling was very likely and, if it has not “organised its systems” to take account of that, those in charge of putting such provisions in place “must accept responsibility,” the judge added.