Bord na gCon v Murphy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1971
• Date: 01 January 1971
• Docket Number: [S.C. No. 3 1970]
• Court: Supreme Court

(S.C.)

Bord na gCon

and

Murphy

Hearsay - Statement in writing on subject of offences charged - Statement written and signed by defendant's solicitor apparently on behalf of defendant - Whether statement contained an admission - Proof that defendant made the statement.

The complainants were a statutory body having power to bring prosecutions for contraventions of certain provisions of the Greyhound Industry Act, 1958, and the regulations made thereunder. The complainants wrote to the defendant and accused him of contravening the provisions of the Act and requested him to furnish any observations that he wished to make. Subsequently the defendant was charged and convicted in the District Court of several offences under the Act of 1958. At the hearing of an appeal by the defendant to the Circuit Court, the complainants sought to produce as evidencecertain correspondence and a statement relating to the offences charged. The correspondence and the statement had been written by the defendant's solicitor in reply to the complainants, initial letter and on behalf of the defendant. As the complainants did not offer sworn testimony to establish that the documents had been written with the defendant's authority and in accordance with his...