People v. Paul Ward [1998] IEHC 154 (23rd October, 1998)
The court found beyond reasonable doubt that the accused's arrests and detention were lawful, that he was provided with necessary medical attention and medication, that no physical abuse or oppression occurred during interrogation, and that the orchestrated visits by family members did not amount to oppression or unfairness. There was no basis to exclude evidence obtained from the accused's interrogations.
- Citation
- [1998] IEHC 154
- Parties
- Prosecution: The People; Accused: Paul Ward
- Jurisdiction
- Ireland
- Procedural Posture
- Criminal / Ruling on Voir Dire (challenge to Legality of Arrest, Detention, and Interrogation)
- Outcome
- application dismissed
- Legal Topics
- Legality of Arrest, Detention Under Offences Against the State Act 1939, Right to Fair Procedures, Admissibility of Confessions, Oppression in Police Interrogation
Case Brief
Summary, issues, holding and outcome
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Parties
The People
Prosecution
Paul Ward
Accused
Procedural Posture
Criminal / Ruling on Voir Dire (challenge to Legality of Arrest, Detention, and Interrogation)
Legal Issues
- 1 Whether the accused's arrest and detention under Section 30 of the Offences Against the State Act, 1939 was lawful
- 2 Whether the accused was denied necessary medication or medical attention during detention
- 3 Whether the accused was subjected to physical abuse or oppression during interrogation
Ratio Decidendi
The court found beyond reasonable doubt that the accused's arrests and detention were lawful, that he was provided with necessary medical attention and medication, that no physical abuse or oppression occurred during interrogation, and that the orchestrated visits by family members did not amount to oppression or unfairness. There was no basis to exclude evidence obtained from the accused's interrogations.
Court Disposition
application dismissed
Orders
- The accused's application to exclude evidence on grounds of unlawful arrest, detention, or oppression is refused.
Full Case Text
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