The decision of the Supreme Court on March 6 quashed an attempted rape conviction on the grounds that the suspect Raymond Gormley did not receive legal advice which he had requested prior to his questioning by the Gardaí. The Supreme Court unanimously found that statements made by Mr Gormley following his request for a solicitor but before the arrival of that solicitor, were inadmissible.
When handing down the Court’s judgment, Mr Justice Frank Clarke said that it was only a matter of time before an Irish court would be asked to address this issue. Although the right to legal advice in custody is a well recognised constitutional right, the question as to whether evidence gathering must be suspended while legal advice becomes available had not been elucidated until the March 6 Supreme Court decision.
The Supreme Court relying on the European Convention on Human Rights and practices in jurisdictions similar to Ireland concluded that Mr Gormley was entitled to legal advice before he was questioned. In handing down its decision, the Supreme Court did not expand on the complete nature of the right, preferring to allow for the expansion of its precise parameters in future cases.
Click here to read a summary of the Supreme Court Decision on the Irish Times website.
Click here to read a blog entry by Liz Campbell on the Human Rights in Ireland blog.