People (Attorney-General) v O'Callaghan
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1968 |
| Date | 01 January 1968 |
| Court | Supreme Court |
Offences alleged to have been committed when applicant on bail for earlier charges - No likelihood of interference with witnesses - Admissibility of evidence of previous convictions - Principles applicable.
On an application for bail by a prisoner who had been returned for trial on charges of larceny, breaking and entering, malicious damage, receiving, resisting arrest and assault, alleged to have been committed when he was on bail in respect of other charges, the Garda officer in charge of the case, in reply to a question put to him as to his reasons for opposing bail, said:—". . . I feel he will interfere with witnesses if he is allowed bail." This was the only ground on which the Attorney-General opposed the application. On the hearing of the application, which was refused by Murnaghan J., and on appeal by the applicant to the Supreme Court it was held by the Supreme Court ( Ó Dálaigh C.J., Walsh and Budd JJ.) reversing Murnaghan J. and admitting the applicant to bail, 1, that there was not sufficient evidence before the Court that the accused was likely to interfere with the course of justice by interfering with prosecution witnesses; 2, Bail cannot be refused merely because there is the likelihood of the commission of further offences while on bail, as that is a form of preventive justice unknown to our legal system and contrary to the true purpose of bail. Per Walsh J.:—". . . it is highly undesirable if it can be avoided that the previous record of any prisoner awaiting trial should be referred to or referred to in a way which may prejudice the pending trial. It is none the less a relevant consideration in my opinion and it may be proper to introduce the evidence in some cases because undoubtedly a prisoner with a bad previous...
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