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Garda Statement - Some guidelines

It’s important to get this right, first time. I’ll explain what I mean.

If the Gardai are asking you to make a statement about some incident or other, you should seek legal advice. It may be the case that, for example, you’re supposed to have driven poorly on a certain date at a certain place and a complaint has been made against you by a motorist. You will be asked whether you wish to make a statement about this allegation, to “give your side of the story”, to use the phraseology of the Gardai.

You can of course refuse: nobody is obligated to make a statement to the Gardai, ever. But sometimes it makes sense to make a statement, especially if you want to refute the allegation being made against you. In instances such as this, you rarely need to be accompanied by a solicitor, the more so if the complaint is frivolous or vexatious. But there are other alleged complaints, serious complaints, where the presence of a solicitor is very important.

Interview Preparations.

Preparation for a Garda interview is vital. It is imperative that you are sufficiently armed before you arrive at the station. In short, this means discussing with your solicitor all of the potential questions you may be asked as well as the answers that might be appropriate to the individual questions.



If your statement is a robust defence of your innocence, then the investigation may be eliminated here after this juncture i.e. after your interview has concluded. If this is successful, then the future prospect of court proceedings vanishes after this stage is concluded. So, this preliminary aspect of the investigation is absolutely paramount.

None of this should be read as a criticism solely of An Garda Siochana. When flaws in the conduct of police investigations have been uncovered, they have been shown to occur frequently in New York (NYPD), Los Angeles (LAPD), New Orleans (NOPD) as well as the London Metropolitan Police, Greater Manchester Police and West, South and North Yorkshire Constabularies.

In short, these findings are replicated in police forces across the globe. The United States Justice Department has investigated and issued harsh denunciations of some police forces about the methods they have utilised in investigating and solving crimes.

Of particular note here is the Justice Department’s report into the New Orleans Police Department behaviour in the aftermath of Hurricane Katrina in 2005 which uncovered blatant and repeated breaches of the interviewing of suspects that gave rise to a serious concerns about the validity of many convictions.

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