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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10443
Experience:  Barrister 17 years experience
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I am in supreme court in case where they was bias by a garda

Customer Question

Hi i am in supreme court in case where they was bias by a garda this was not mentioned in district court what are my chances
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain more about the background to your question please

Customer: replied 1 year ago.
I was. Summons. By a garda for a neighbour. Of mine i had solicitor. I was convicted. In District. Court at appeal court my team left me i wpn judical rev in Dublin. It is now established. That the guard and the neighbours. Were person. Friends this was said inevidance in high court when i sued i lost but have appeal. That to. Supreme.
Expert:  Clare replied 1 year ago.

I see that this is in fact a question relationg to Eire so I shall opt out and transfer it to the correct section

Expert:  Buachaill replied 1 year ago.

1. When determining whether the court will set aside a conviction of this nature, there is a test of whether there was objective bias in the case. This means that a bystander must be able to say objectively that he perceived bias in the situation looking at it in the round. In your situation, the Garda and the witness were personal friends. This is not sufficient to win. Your case must go further and show that this influenced the GArda in the case. So there needs to be more to win. Generally only one in three appeal from the High Court to the Supreme Court win. So, your legal team needs to up their game in the Supreme Court. You should consider whether you can adduce additional evidence which would show that the personal influence gave rise to bias. Something more than would show it influenced the GArda.

Expert:  Buachaill replied 1 year ago.

2. So you should be seeing if one of these witnesses who gave evidence of the friendship can go further and show the friendship influenced the Garda and gave rise to bias. Additional evidence can be adduced before the case is held in the Supreme Court.

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