Major changes likely in Garda interrogations after ruling

Major changes in the way gardaí carry out interrogations will have to be adopted after the Supreme Court said suspects should be allowed access to solicitors before they are questioned.

The unanimous ruling from the five Supreme Court judges throws into doubt potentially hundreds of ongoing criminal prosecutions as well as convictions currently awaiting appeal.

It means any information provided by suspects who asked to see a solicitor but whose questioning began before the solicitor arrived cannot be used as evidence in a subsequent court case.

The first case to fall is that of Co Donegal man, Raymond Gormley, who was convicted of attempted rape in 2008 but had his conviction overturned yesterday.

Eoin O’Dell, a law lecturer at Trinity College Dublin, said the ruling had important implications for the gardaí and legal profession.

“It’s very significant. It will make for a significant impact on the rights of individuals in custody which is the first thing. But it also has practical implications such as, what it means if a solicitor does not arrive or is delayed? Does that stop the clock on the period of detention?

“It also leaves a whole range of questions unanswered. It doesn’t answer whether, during questioning, you are entitled to have a solicitor sitting beside you or can you only take advice from a solicitor before questioning begins.”

It is expected Justice Minister Alan Shatter will move swiftly to make legislative changes clarifying those issues and the new procedures that must be adopted. He declined to discuss the possible implications, saying he would study the judgment closely, as would the DPP and Garda commissioner.

The decision is likely to cost the State more in payments to solicitors attending garda stations to see suspects on legal aid, particularly when called out at unsocial hours.

Yesterday’s ruling was not unexpected as it stems from a decision of the European Court of Human Rights but Dr O’Dell said it would probably come as a surprise to many people a right to a solicitor was not enshrined in law.

“It’s so common in courtroom and police dramas that people just assume the case is the same in Irish law. I wouldn’t be surprised if the requests made by many suspects was borne of familiarity with UK and US TV shows rather than knowledge of Irish law.”

Mark Kelly, of the Irish Council for Civil Liberties, said the Supreme Court had sent the Government a clear message about the need to give greater protection to people questioned by gardaí.

“The Government should heed the Supreme Court’s clear call for law reform in this area,” he said, adding that it should allow solicitors be present during questioning and not just provide access before questioning to suspects.