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Updated 5.35pm
THE PRESIDENT OF the High Court, Nicholas Kearns, has given judges guidance on the revelations that some phone calls in and out of Garda stations were taped.
Speaking in the Special Criminal Court today, Justice Paul Butler explained:
“Before the present case in called, I wish to say that, independently of what was said yesterday, the President of the High Court who is, of course, also President of this court, has provided guidance as to the assistance the court should seek arising out of issues that have recently arisen.
“He has suggested that the court should initially seek clarification and information from counsel for the DPP. Thereafter, the court shall give defendants’ representatives to make any representations they deem fit.
“The overriding concern of the President and of the Court is to ensure the proper administration of justice.”
It is believed that a number of defence solicitors are seeking answers on whether their phone calls with clients who were in custody had been recorded. Today, the solicitor for convicted Limerick killer John Dundon told the Irish Daily Mail that he would be seeking clarification on the issue.
The guidance is understood to explain to judges when the issue of taping should be raised with both sets of counsel. Kearns recommends that it be done early in the trial process. The matter would be referred to the Director of Public Prosecutions to identify if any issues were arising.
Earlier, the Taoiseach said that the controversy over the taping of conversations at Garda stations could impact on the outcomes of tribunals.
“It’s a serious issue where in some cases court cases have been dealt with, others reaching up as far as tribunals it may have implications for some of the findings there.”
First published 2.49pm
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Barristers are going to make a killing out of this
It’s the criminals getting off that I’m worried about.
After all the hard work to put them away, the Dundons smell a weakness. If they get out it will be an absolute travesty. Someone has to be brought to account for this. Even the justice systems in other countries, that we mocked and denigrated, would not have allowed this farce to happen.
True but then crime pays
This is a multi-faceted sh1t storm – there will be numerous major cases and tribunals effected by this.
Everyone with the possibilities for major scandals.
Implications on the findings of tribunals? Does that mean we might get to see somebody, anybody criminally convicted due to the findings of a tribunal? Tribunals were Fianna Fail’s get out of jail free card because the findings could not be used in criminal cases.
its the cartel in the secret society i am worried about
Criminals are going to make the killing out of this.
I’m starting to become accustomed to being speechless at least once a month,we need to hit Ctrl Alt Del and start from scratch
In my opinion there is something more serious going around in political circles opposition knows all about it but are wary about disclosing it
Like potentially TD’s both in and out of Government would have been recorded on these phone calls also?
John Mooney on vinb last night basically said the same. How can it get any worse though? DPP, jury rooms??
The Kieran Boylan drugs case is still bigger than this and more outrageous.
A major heroin importer enjoying state protection.
The wall of silence around the Guards is well and truly breaking up now. Prepare to be deluged in scandal for years to come.
Every time we think that a worse scandal will not emerge, alone it comes.
John, that is correct. See the article by the security correspondent in next Sundays Times. Jaws will drop. It’s an extremely tricky sets of circumstances.
This countries moral compass with people in power is so far gone is scary.and a tribunal is like a sheep herding a pack of wolves!
Implications for the findings of Tribunals Enda??
Would they be the likes of the Mahon/Moriarty tribunals that cost this state almost 500 million euro and found FF/FG/Labour to be corrupt as hell?
The findings of Tribunals are legally sterile, as Denis O’Brien can confirm. There is no sensible reason to think that Tribunals will be affected by An Garda recordings. Tribunals are a distraction.
The impact on criminal convictions is another matter entirely.
Who can be sure that the Garda Siochana and the DPP did not gain improper advantage from monitoring conversations with solicitors? Every criminal conviction except of a plea of guilty may be open to question.
Illegally recording calls endangering 30 years worth of convictions, the penality points scandal, the treatment of whistle blowers, OSSL bribery investigations, investigations into drug dealers being protected by gardai, improper use of Pulse and private information, refusal of his men to cooperate with GSOC, the bugging of GSOC, accusations of institutional homophobia and racism, heavy handedness,incompetence and brutality at peaceful protests.
Anyone else think the commissioner got off very, very lightly with early retirement?
I agree with you David.
Instead we got politicians falling over themselves congratulating him for being such a great man and Michael Noonan saying he retired for family reasons. More and more lies.
He was forced to go but got a big payoff and a very nice pension as well.
It’s the way it’s done in Ireland -reward them for being incompetent, corrupt or both, similar to the head of FAS, financial regulator etc.
Nothing ever changes here
Every gouger serving a sentence is going to now look for a mistrial. This is going to clog up the courts for years. To add insult to injury they will probably all be granted free legal aid. I have to wonder how this possible scenario never occurred to the Gardaí? However, given the conduct of some officers in Donegal as revealed by the Morris tribunal they must have felt untouchable. I suppose it would be too much to hope for some sackings for the idiots concerned – instead of retirements and lump sums.
Again I don’t know why people are shocked, corruption is in every facet of Irish culture and always has been. People get jobs because of GAA connections, bumped up hospital waiting lists because of who they know, building contracts and rezoning areas because of pay offs. The list goes on. But Fianna Fáil nurtured and developed corruption into a fine art and made sure it spread everywhere. And now we’re paying the price!!!!
This is what is truly “disgusting” , that these bugging systems were tended for and no politician, guard, or civil servant will admit to knowing anything about it.
What a bunch of liars we have running the country.
Proper justice needs to be done here but I won’t hold my breath.
The commission of enquiry should have powers to prosecute and not just be another barristers goldmine. Again, I don’t believe this will happen or that justice will be done, as the whole system is inherently corrupt
Would the last person to leave the country please switch off the lights!
Frankie, very funny but also very sad.
And turn off the tape recorder.
Will this latest controversy finally see the end of Shatter?
90% of the calls are solicitors and barristers asking for penalty points to be wiped.
Check the stats on legal eagles with points deducted by detectives.
in all fairness d guards r not gonna say ya we recorded d fone call between a solicitor and client wake up
ya tink?!
I love the last 2 contribortors they sound very Limerick
What’s a contribortor?
Hundreds of thousands of hours of tapes with “Hello Gardaí. Can you call back tomorrow, our pulse system is down”
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