Dáil debates

Tuesday, 27 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

9:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I do not want it to be part of the law because there could be some extreme case in which, for instance, the video camera collapsed but it was still necessary to carry on the investigation. I do not want to go through all the examples but a case could arise. It is my understanding that the majority of Garda stations where individuals are detained have audio-visual equipment installed. Regarding an individual detained for a long period, unless an extraordinary reason was put forward, the Judiciary would be reluctant to accept alleged admissions by an accused where there is no audio-visual evidence. I do not want to seal that shut, particularly in circumstances where it may render an injustice to an individual. I do not want the absolute law to be if, for instance, the equipment was damaged in a station, the detention would become invalid. That is the only worry I have.

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