Dermot Ahern (Louth, Fianna Fail)

The case referred to by the Deputy concerns the preservation of evidence by An Garda Síochána. The judgment delivered on 31 July last sets out in detail the specific circumstances of the case and the need to ensure that evidence is available for the defence to ensure there is no risk of an unfair trial. The court reiterated the judgment given in another recent case, Savage v D.P.P., that best practice would dictate that An Garda Síochána give notice to an accused, or potential accused, of the intention to destroy evidence which may reasonably be material relevant to a trial, giving such persons time to have evidence examined, if they so wish.

I am advised by the Garda authorities that they are studying the judgment and its implications for training and procedures for the force, and arrangements are being put in place to ensure compliance with the judgment. I am also advised by the authorities that there is currently a property store in each Garda district for the purpose of storing both property coming into the possession of An Garda Síochána and court exhibits. A new property and exhibits management system is currently being introduced in the Garda Síochána. The purpose of the system is to establish a property store in each Garda division with enhanced facilities to manage all property coming into the possession of the Garda Síochána in that division, with a small number of very specific exceptions which may be required to be retained securely at local Garda stations.

There are now five divisional stores in operation. A further two locations are planned to be operational by the end of this year. Further locations are planned subject to the availability of resources and as suitable locations become available for use. In the interim, property coming into the possession of the Garda Síochána will continue to be handled in the manner prescribed in Garda procedures, which is subject to audit and inspection.

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