DPP V Gormley White Summary

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DPP V Gormley & White [2014] IESC 17 FACTS A) The Facts in Gormley B) The Facts in White A) The Facts in Gormley Mr. Gormley was arrested on the 24th April 2005 at 1:47 p.m. for allegedly committing the offences he was prosecuted for. Mr. Gormley was then brought to the garda station and got there at 2 p.m. At approximately 2:15 p.m. he was given his rights by the Gardaí. Having received his rights he gave the Gardaí the names of two solicitors. The Gardaí made an effort to get in contact with both of the solicitors. They went to the home of one of the solicitors and left a message with his wife. At 3:06 p.m. One of the solicitors got in contact and informed the Gardaí that he would be at the station “Shortly after 4 p.m.” or “as soon as possible …show more content…

White was arrested at Mountjoy Prison under (Section 42 of the Criminal Justice Act 1999.) Mr. White asked for his solicitor at 7:58 a.m. The solicitor could not be reached on her number, but her voicemail supplied an alternative number. A message was left on her voicemail at 8:15 a.m. and she returned a call one minute later stating that she was coming to the station “immediately”. Mr. White was informed the solicitor rejected to speak with him over the phone. At 9:42 a.m. the solicitor arrived at the Garda station. An appropriate officer requested permission to take different samples (Criminal Justice (Forensic Evidence) Act 1990) from Mr. White at 8:00 a.m. Permission was granted at 8:05 a.m. By 8:30 a.m. the samples (Blood,Mouth,Hair) were completed. Evidence was given, stating that Mr. White complied with giving samples because he thought that they would forcibly take them if he refused. He was told by a senior officer that it was important that they received his consent, even though they didnt because ss. 2 and 4(b)) of the (Criminal Justice (Forensic Evidence) Act 1990) was amended by (Section 14 of the Criminal Justice Act 2006) to take out the need of written consent. After samples were taken, Mr. White refused to sign the consent …show more content…

Does the constitutional right of access need, at the start of an interview or during the interview if a solicitor has been requested, and they state how long they will be or explain that it will take time to get to the station, should the interview be postponed for a reasonable amount of time to give the solicitor a chance to speak with their client? 2. Is the constitutional right to legal advice of a detained suspect breached when members of the Gardaí do not hold of on the interview for a reasonable amount of time so that the requested solicitor has the chance to advise their client? B) The Issues in White There are 3 issues in Whites case: 1. If the suspect has asked for a solicitor and the solicitor has stated that they will be attending, in order to make sure that the suspects rights are being protected DNA samples that need to be taken be postponed by the Gardaí until the arrival of the requested solicitor? 2. “Must a warrant issued by a District Court judge, pursuant to s.42 of the Criminal Justice Act 1999, show on it's face compliance with the statutory conditions in s.42 of the Criminal Justice Act

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