Sunday 17 December 2017

Certain facts are accepted by two defendants

Sean Fitzpatrick
Sean Fitzpatrick
Patrick Whelan. Picture: Collins

Dearbhail McDonald and Donal O'Donovan

THE formal admissions made by former Anglo directors Sean FitzPatrick and Pat Whelan on the opening day of their trial are admissions of certain facts.

Under Section 22 of the Criminal Justice Act 1984, the prosecution or defence can make certain admissions in relation to any fact introduced at the trial on which oral evidence may be given.

The making of formal admissions represents an acknowledgment that the particular facts are accepted, are conclusive evidence in the trial against the relevant party.

The "proof by formal admission" procedure has become a routine part of criminal proceedings and is often used to agree non-controversial facts or narrow the issues in a trial.

The advantage for all sides is that the admitted facts do not need to be formally proven.

Proof by formal admission can be made before or at a hearing.

And the facts, once admitted under this procedure, can only be withdrawn with permission of the court.

Irish Independent

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