People (Attorney-General) v Flynn

• Jurisdiction: Ireland
• Judgment Date: 26 February 1963
• Date: 26 February 1963
• Court: Court of Criminal Appeal

(C.C.A.)

People (Attorney-General)

and

Flynn

Interrogation - Accused detained for over six hours - Allegations of inducement, threats and violence.

F. was convicted on an indictment containing five counts charging him with having unlawful carnal knowledge of his niece. On the 20th June, 1962, she was visited in hospital by two police officers, who obtained a statement from her in which she alleged that a man, other than the applicant, was the only man who had had sexual intercourse with her. On the 22nd June, 1962, she was again visited by the officers and made another statement, and in which she stated that she had not told the whole truth in the previous statement; she then gave detailed particulars of numerous acts of sexual intercourse with the applicant. Subsequently, the applicant was taken into custody and brought to the Garda station for questioning. The questioning commenced at about 11 a.m. and was conducted by a sergeant, who had with him the girl's second statement. All the allegations therein implicating the applicant were denied by him. At about 12.45 p.m. all of the Guards in the station went out to luncheon and the applicant was locked in a cell. The sergeant in charge of the station brought back a meal for the applicant and during the course of the meal the sergeant and the accused conversed freely about various matters, including the applicant's association with his niece. As a result of the conversation the sergeant advised the applicant that it would be "just as well" for him "to tell the truth" and make a statement about what he had told him. When the guard who had interviewed the applicant returned at about 2 p.m. the sergeant told him that the applicant was prepared to make a statement. He was duly cautioned and then made a detailed statement, which was taken down in writing, and in which he admitted having had sexual intercourse with his niece. The statement made by the applicant was admitted by the trial Judge notwithstanding counsel's objection, in the absence of the jury, and evidence given by the applicant that it...