The Gazette 1983

GAZETTE

APRIL 1983

The People v. Pringle, McCann and O'Shea Recent developments in Criminal Law Part 1 by Eamonn G. Hall, B.A., LL.B., H.D.E., Solicitor

F RESH ground has been broken by the courts in the Criminal Law Field. However, in some cases, it is more a question of old ground being rediscovered. The developments generally have mostly Taken place in the procedural field. These developments have been linked with the impact of the Constitution on the powers of the Gardai to arrest and interrogate suspects and the rights of accused persons in custody. There was The People v. Shaw 1 on the law governing detention of suspects and the rule in The People (AG) v. O'Brien 2 which excludes evidence obtained in deliberate and conscious violation of an accused person's constitutional rights save in exceptional circumstances. There was The Director of Public Prosecutions v. Lynch. 3 In this case, the suspect had volunteered to go to a garda station but as he had not been at liberty to leave the station, his detention was held to be illegal and unconstitutional under Article 40 by the time any admission was made. The procedure of a trial within the trial was raised in the Lynch case. Certain conflicts of evidence relating to facts concerning an illegal detention or breach of constitutional rights can be decided by the jury. There is also the right of a person in custody to be attended by a legal adviser — In (Re Article 26 of the Constitution and the Emergency Powers Bill 1976) 4 The People (Director of Public Prosecutions) v. Madden & Ors 5 and The State (Harrington) v. The Commissioner of the Garda Síochána. 6 This article reviews the decision of the Court of Criminal Appeal in the case of The People (at the suit of the Director of Public Prosecutions) v. Pringle, McCann and O'Shea. 1 Many matters of importance including recent developments in the law were considered in the one hundred and thirty three page judgment of the Court of Criminal Appeal. The judgment of the Court was delivered by the Chief Justice. The nature of the offence of capital murder was considered. Admissions of accused persons had been contested. The law relating to admissions was considered. Submissions to the effect that the accused persons were in illegal custody were discussed. The question of the extent of the right of a person in custody to a legal adviser was also considered. Certain of the Judges' Rules were also considered.

which were referred to in the judgment of the Court of Criminal Appeal may be summarised. On 7th July 1980 — just before 3 o'clock p.m. the Bank of Ireland premises in Main Street, Ballaghaderreen were raided. The raid was carried out by three armed and masked men who arrived in a blue Cortina car. Two of the men held the customers and officials of the Bank at gunpoint. A shot was fired into the ceiling. One of the raiders took a large sum of bank notes from the strongroom. The gunman outside was armed with a shotgun. Passers by were threatened. A Garda patrol car with two Gardai arrived. One of the Gardai was in uniform. The Gardai were ordered from the car by the gunman. The gunman held the gun barrel close to the head .of the uniformed Garda. The raiders then made off with guns pointing through the windows. The blue Cortina car was seen driving towards a white Cortina car which was parked along a road. Meanwhile following an alert, a Garda patrol car was sent from Castlerea. Three garda officers in uniform and the late Detective Garda Morley who was armed and in civilian attire were in the car. The white car collided with the Garda car. The masked occupants of the white car emerged. Shots were fired. Garda Hugh Byrne and Det. Garda Morley were killed. The gunmen escaped. The money that had earlier been stolen was found in the white Cortina car. Pringle, McCann and O'Shea were subsequently arrested and charged. The Accused were convicted of capital murder and bank robbery in the Special Criminal Court. Applications for leave to appeal were considered by the Court of Criminal Appeal. The question which arose in the appeal in relation to these Appellants was whether these convictions were justified. Capital Murder The judgment of the Court of Criminal Appeal dealt first with matters common to all the Appellants and then gave a separate determination in relation to each appeal. The Court of Criminal Appeal referred to the decision of the Supreme Court in The People (at suit ofthe D P.P) v. Murray 8 . In that case, the Supreme Court pointed out that the effect of the Criminal Justice Act 1964 was to create a new statutory offence which required proof in relation to each of its constituent elements of mens rea The Court set out the constituent elements of mens rea as:-

Facts of DPP V. Pringle, McCann and O'Shea The facts which emerged in evidence at the trial and

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