The Gardaí have had a history of their own difficulties with search warrants and the like.
My post on audio recordings in Garda custody is about establishing the grounds for the making of adverse inferences at trial, not about the procedure for interrogation in Garda custody. Under Section 19A of the Criminal Justice Act 1984 (as inserted by Section 30 of the Criminal Justice Act 2007), it is open to a court to make an adverse inference (of guilt; what else?) arising from …the failure of an accused to mention… [“…any fact relied on in his […]
So, the accused is in a position where i) he is not obliged to say anything; ii) his solicitor’s advice is secret (privileged); and iii) he is menaced with an adverse inference if he remains silent.
Under Section 19A an adverse inference may be drawn from the failure of an accused to mention a fact, later relied upon by him in his defence, while he is being questioned etc., by the Gardai.
That this should emerge twice in the one month, in the Supreme Court is a measure of two things; the frequency with which the Gardai prematurely dispose of evidence and the sclerosis of the criminal prosecution system that it should so stubbornly cling to the determination to prosecute in cases where the accused claims to be disadvantaged in making his/her defence.
The latest edition of the Garda Guide has been published. The Guide is a compendium of the Criminal law of Ireland.