OMAGH BLAST PROBE MAN SET FREE BY JUDGE
Omagh blast probe man set free by judge
By CORMAC MacRUAIRI
A DUNDALK man who was being questioned by gardai investigating the Omagh bombing was released by the High Court last night in the first challenge to the security legislation enacted in the wake of the bombing.
Deaglan Lavery (23), of Sliabh Foy Park, had been due for release from custody at 7am this morning. He had been arrested at his Dundalk home on Wednesday morning for suspicion of membership of an unlawful organisation under the provisions of the Offences Against the State (Amendment) Act 1998.
Mr Lavery took an application for Habeas Corpus under Article 40 of the Constitution, alleging a breach of his right to appropriate access to a solicitor by not allowing his solicitor to read notes of his interviews with gardai.
EXCEPTION
Mrs Justice Catherine McGuinness held that up to the enactment of the amending legislation no such right existed. However the Offences Against the State (Amendment) Act 1998 created an exception because now suspects were obliged by law to volunteer information.
Mrs Justice McGuinness said it appeared to her that a person arrested under the legislation was in a "special difficulty" as opposed to persons arrested under other acts, such as the 1984 Criminal Justice, in trying to know what information he must volunteer under the various headings of the Act.
She ruled, therefore, that the notes of the interviews should be available to the solicitor during consultations with his client. However, he - would not be allowed to make copies of the notes or remove them from the station. In light of the fact gardai felt strongly about the' issue she was directing Mr Lavery's release, she said.
APPEAL
The Attorney General is expected to appeal the court decision to the Supreme Court.
His counsel Patrick Gageby SC said Mr Lavery was seeking release because his solicitor James McGuill had not be allowed to see the notes of the Garda interviews with him.
Without having sight of the notes of the interviews with his client, Mr Guill could not properly advise him on how to comply with his obligations to volunteer information, Mr Gageby said.
Feichin McDonagh BL, for the Attorney General, opposed the application. He said no charges had been preferred against Mr Lavery and the Garda was under no obligation to furnish copies of the interview notes to his solicitor.
By CORMAC MacRUAIRI
A DUNDALK man who was being questioned by gardai investigating the Omagh bombing was released by the High Court last night in the first challenge to the security legislation enacted in the wake of the bombing.
Deaglan Lavery (23), of Sliabh Foy Park, had been due for release from custody at 7am this morning. He had been arrested at his Dundalk home on Wednesday morning for suspicion of membership of an unlawful organisation under the provisions of the Offences Against the State (Amendment) Act 1998.
Mr Lavery took an application for Habeas Corpus under Article 40 of the Constitution, alleging a breach of his right to appropriate access to a solicitor by not allowing his solicitor to read notes of his interviews with gardai.
EXCEPTION
Mrs Justice Catherine McGuinness held that up to the enactment of the amending legislation no such right existed. However the Offences Against the State (Amendment) Act 1998 created an exception because now suspects were obliged by law to volunteer information.
Mrs Justice McGuinness said it appeared to her that a person arrested under the legislation was in a "special difficulty" as opposed to persons arrested under other acts, such as the 1984 Criminal Justice, in trying to know what information he must volunteer under the various headings of the Act.
She ruled, therefore, that the notes of the interviews should be available to the solicitor during consultations with his client. However, he - would not be allowed to make copies of the notes or remove them from the station. In light of the fact gardai felt strongly about the' issue she was directing Mr Lavery's release, she said.
APPEAL
The Attorney General is expected to appeal the court decision to the Supreme Court.
His counsel Patrick Gageby SC said Mr Lavery was seeking release because his solicitor James McGuill had not be allowed to see the notes of the Garda interviews with him.
Without having sight of the notes of the interviews with his client, Mr Guill could not properly advise him on how to comply with his obligations to volunteer information, Mr Gageby said.
Feichin McDonagh BL, for the Attorney General, opposed the application. He said no charges had been preferred against Mr Lavery and the Garda was under no obligation to furnish copies of the interview notes to his solicitor.
Further Information
Publisher: IRISH INDEPENDENT
Ref: II/161
Published Date: 03-Oct-98
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