Supreme Court judgment on Patrick Quirke will not be good news for Graham Dwyer

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Decision affirming Quirke’s murder conviction looks set to be the go-to judgment around the law on unconstitutionally obtained evidence

Sinéad O’Connor’s full-page Irish Times ad in 1993: ‘I deserve not to be treated like dirt. I deserve not to be hurt’

Before JC, the State was restricted, with some exceptions, by the “exclusionary rule” in relying on evidence obtained in breach of a constitutional right. The majority in JC held that evidence obtained unconstitutionally will be admissible if the prosecution can demonstrate it was obtained by an inadvertent breach of constitutional rights.

In an observation likely to be welcomed by the DPP and Garda, the court said: “Reality demands the adoption of the rule in this form, through acknowledging that Garda officers or other persons conducting searches or obtaining evidence cannot be expected to anticipate the future decisions of the courts.”

Source: Law Daily Report (lawdailyreport.net)

 

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