Eoin Reynolds
The Court of Appeal has delivered a landmark ruling that CCTV footage can be used as evidence in trials and stating that arguments against its use are misconceived, lacking in reality and should not be used to take up "valuable court time".
Mr Justice John Edwards issued the ruling in the case of Philip Dunbar, who murdered a homeless man with a disability by stabbing him 183 times and then argued at trial and in the Court of Appeal that the use of CCTV was a breach of his rights under the Constitution and EU rights charters.
Dozens of other trials have heard similar arguments and Mr Justice John Edwards said today that where such evidence exists, it would be a dereliction of duty if gardaí did not access and use it to investigate crime and to secure convictions.
During the trial of Jozef Puska, who made similar arguments after he murdered 23-year-old school teacher Ashling Murphy, Mr Justice Tony Hunt said he was "fatigued" by the "familiar suite of arguments" made by lawyers regarding the use of CCTV.
He said that a decision from the Court of Appeal was "long overdue" and pointed out that arguments claiming that CCTV footage should be inadmissible had never succeeded in Irish courts.
Delivering Tuesday's judgement, Mr Justice Edwards said some of the arguments in the Dunbar trial and appeal were "lacking in reality" and he noted that similar arguments had been made in other cases "sometimes at great length".
In respect of arguments made under data protection laws, the judge said the processing of data such as CCTV footage is lawful where it is necessary and proportionate for the prevention, detection, investigation or prosecution of criminal offences.
While data protection laws provide restrictions on the use of a person's personal data, including footage that might show their movements, that right is "subject to necessary and proportionate restrictions for the purpose of the investigation and prosecution of criminal offences," the judge said.
In the Dunbar case, CCTV footage was obtained from private homes, local businesses and a Dublin bus. The purpose of having CCTV cameras, the judge said, was to protect premises, deter unauthorised entry, discourage anti-social and criminal behaviour, and to assist in apprehending anyone who did engage in such activities.
The footage obtained was from public places including footpaths, roads, a public park, a bus and the Square Shopping Centre in Tallaght. "It does not seem realistic to us to suggest that someone walking or visiting such an area would have a reasonable expectation of privacy," Mr Justice Edwards said.
He said it is "universally known" that such places are equipped with CCTV, adding: "It would be impossible to frequent public areas without becoming aware of it."
While in some cases irrelevant CCTV footage was harvested by gardaí, Mr Justice Edwards said this became apparent only with the benefit of hindsight. "At an early stage of an investigation, gardaí may well be acting under pressure, including time constraints.
"A significant margin of appreciation must be afforded to gardaí," he said.
Mr Justice Edwards said the court does not believe that any of Dunbar's rights were breached, whether under the Constitution, the European Convention of Human Rights or the EU Charter of Fundamental Rights.
He said that the challenge to the admissibility of the CCTV evidence was not made out and was "quite simply, misconceived".
The CCTV evidence was highly relevant, he said, and in any particular case such evidence could be used to advance an investigation, identify a suspect and provide relevant evidence at trial. In another case, he said, it might exonerate a suspect.
Mr Justice Edwards considered a case where gardaí did not access evidence which had the potential to advance an investigation and contribute significantly to proving the guilt of a perpetrator, but which also had the capacity to exonerate a suspect who was innocent.
"How would the actions of gardaí be regarded?" he asked. "Could failure to access the material be regarded as anything other than a grave dereliction of duty?"
He said the court had no hesitation in dismissing the grounds of appeal, adding: "Valuable court time should not be taken up with such unmeritorious arguments."
Dunbar, last of Glenshane Drive, Tallaght, Dublin 24, was convicted by a jury of murdering 23-year-old Adam 'Floater' Muldoon at Butler Park, Jobstown, Tallaght, Dublin 24 on June 22nd or 23rd, 2018. Dunbar, who was 17 at the time, stabbed Mr Muldoon 183 times in an unprovoked attack.
