Newstalk
Newstalk

11.32 17 Apr 2015


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On Wednesday The Supreme Court voted by four to three to relax the long standing ‘exclusionary rule’.  

This rule barred the State from using evidence gathered in breach of a constitutional right, regardless of whether there was a deliberate breach of the law in obtaining that evidence.

Michael O’Higgins, Senior Counsel, spoke to Lunchtime about the consequences of the ruling and said that his concern was that standards would slip.

"An Garda Siochana is a large organisation. There are, of course, truth be said and acknowledged, many experienced policemen. They operate very professionally.

"Equally, there are elements within the force who don't adhere to those high standards.

"The consequencesof not doing what needed to be done correctly, the consequences of not doing that were significant, now they're far less significant because if you can convince the court that you weren't breaching someone's rights... there is a get out clause now. Invariably, standards will slip.

"There is also a concern over the last fifteen or twenty years, there have been a lot of high profile tribunals and other forms of inquiry into matters of An Garda Siochana and the organisation has on those occasions been found to be wanting."

You can listen back to his interview here:


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