Saturday 27 May 2017

Flagrant breach of constitutional rights could swamp courts for years to come

Dara Robinson

THE emergence of revelations that the gardai recorded phone calls to and from garda stations is simply staggering.

Depending on the scale of such recordings, and how the courts may react if issues arising from them are litigated, criminal and civil litigation could swamp the courts for years to come.

Consider this: communications between solicitor and client are privileged and confidential. They are protected by the Constitution. Breaches of that constitutional right also amount to a constitutional breach of privacy, and breaches of article 6 and 8 of the European Convention on Human Rights, respectively the right to a fair trial and to privacy.

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