The Court of Criminal Appeal has overturned the conviction and six-year sentence of a man on drugs charges. A retrial was ordered in the case.
Mr Duane Lindsay (26), of Bayview, Tramore, Co Waterford, was jailed for a total of six years in May 2002 for having a quantity of ecstasy for sale or supply.
In his appeal, Mr Lindsay argued there was a failure by the trial judge to warn the jury of the absence of corroboration pursuant to section 10 of the Criminal Procedure Act, 1993.
Having admitted a statement of Mr Lindsay into evidence, the trial judge failed to apply adequately the provisions of section 10, his counsel argued.
Giving the judgment of the appeal court yesterday, Ms Justice Denham said if there was only one piece of evidence against a person, it was appropriate for the trial judge to refer to this fact.
The trial judge did so in this case.
In a situation where the one piece of evidence was a confession, the meaning of corroboration should be explained to the jury.
This was not done by the trial judge in this case.
Nor was it explained how a lack of corroboration might effect a jury's view of the evidence.
There was a mandatory requirement under legislation which was applicable in this case. The court was satisfied that this was not done.
Consequently, Ms Justice Denham said, this ground of the appeal application should succeed, and the court would allow the appeal.