Attorney General v Bridget Cleary

• Jurisdiction: Ireland
• Judgment Date: 01 January 1934
• Date: 01 January 1934
• Court: Court of Criminal Appeal (Irish Free State)

[C. C. A., I.F.S.]

Attorney-General

and

Bridget Cleary

Admissibility - Statement made by accused - Inducement to tell the truth - Condition of fear produced in accused by suggestion that her statement would be tested -Statement not admitted - Practice - Re-trial on charge of which accused was convicted - Not on original indictment.

C. was charged with the murder of her infant child shortly after its birth. The only evidence given by the prosecution which connected her definitely with the killing of the child was a statement alleged to have been made by her to B., a Sergeant of the Gárda Siochána. B. stated in evidence that he had interviewed the accused. He stated that he administered the usual caution. The accused said that B. did not tell her that she need not make any statement and B. himself admitted that he said to her, "I intend to take a statement from you." B. stated in evidence that at first the accused denied everything. He stated further that he then said, "haven't you been attending a doctor." The accused alleged that he said he would bring her to the doctor, indicating his intention to test any statement she might make by submitting her to medical examination. She...