Director of Public Prosecutions v O'Connor (Rev1) (Approved) [2024] IEHC 144 (13 March 2024)

Director of Public Prosecutions v O'Connor (Rev1) (Approved) [2024] IEHC 144 (13 March 2024)

A Garda is not entitled to amend s.13 statements automatically produced by the Evidenzer apparatus, even if the amendment is notified and causes no prejudice or injustice; such an amended statement is not duly completed as required by the Road Traffic Act 2010 and is inadmissible in evidence.

Source-derived case information.

Citation
[2024] IEHC 144
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Declan O'Brien); Defendant: Hannah O'Connor
Jurisdiction
Ireland
Judgment Date
13 March 2024
Procedural Posture
Case Stated From District Court / High Court Consultative Judgment on Admissibility of Evidence
Outcome
Questions answered in the negative; statement inadmissible; defendant successful.
Legal Topics
Admissibility of Evidence, Strict Statutory Compliance, Road Traffic Act 2010, Breath Specimen Certificates, Procedural Irregularities
Criminal Law Road Traffic Law Evidence Admissibility of Evidence Strict Statutory Compliance Road Traffic Act 2010 Breath Specimen Certificates Procedural Irregularities

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Parties

Director of Public Prosecutions (at the suit of Garda Declan O'Brien)

Prosecutor

Hannah O'Connor

Defendant

Procedural Posture

Case Stated From District Court / High Court Consultative Judgment on Admissibility of Evidence

Legal Issues

  1. 1 Whether a Garda is entitled to amend s.13 statements automatically produced by the Evidenzer apparatus prior to the accused signing, where the amendment is notified and causes no prejudice or injustice
  2. 2 Whether such an amended s.13 statement is admissible in evidence under the Road Traffic Act 2010

Ratio Decidendi

A Garda is not entitled to amend s.13 statements automatically produced by the Evidenzer apparatus, even if the amendment is notified and causes no prejudice or injustice; such an amended statement is not duly completed as required by the Road Traffic Act 2010 and is inadmissible in evidence.

Court Disposition

Questions answered in the negative; statement inadmissible; defendant successful.

Orders

  • Defendant provisionally entitled to costs, subject to written submissions within 14 days if parties disagree.