Sir, – I share the dismay expressed by Mr Justice Adrian Hardiman at the recent Supreme Court decision to strike down the rule which prevented courts making use of evidence obtained in a manner which was deemed to have violated the constitutional rights of the defendant ("Supreme Court judge criticises ruling on evidence", Front Page, April 16th).
Constitutional rights are the basic foundations of our democratic system and provide the ultimate protection for citizens against the abuse of state power. Evidence acquired in breach of that constitutional protection – whether deliberately or inadvertently – should not be allowed to stand.
To allow it to stand would seriously weaken the legal standing of citizens.
This case was taken by the office of the DPP whose basic interest lies on the side of the prosecution.
Let’s hope there is some avenue of appeal to the European courts – so often to the forefront in vindicating the rights of our citizens when our own courts have failed to do so. – Yours, etc,
HARRY McCAULEY,
Maynooth,
Co Kildare.