Rt were reckless in identifying aras six

ASSAULT charges against care workers, which relies on video footage filmed covertly for RTÉ’s Primetime programme, are ‘tainted with illegality’,  a barrister claimed today  (Monday), writes Tom Shiel.

At a District Court hearing in Ballina, Eoin Garavan, B.L., told Judge Mary Devins that RTÉ had ‘recklessly revealed’ the identities of the six HSE personnel who are employed at the HSE-run Áras Attracta centre in Swinford.

It would not have weakened the RTÉ case if they had not identified the Áras complex, Mr. Garavan maintained, or if they had pixellated the faces of those allegedly now facing criminal charges as a result of the ‘exposé’.

Counsel added that in ‘superfluous use of its powers’, RTÉ had breached the constitutional rights of the defendants.

At a preliminary trial hearing today, lasting approximately three hours, Judge Devins heard submissions from lawyers representing the six accused on the admissibility of video evidence.

Legal teams, who had earlier made written submissions to the judge on the admissibility issue, followed this up yesterday with verbal presentations.  A huge volume of material has been disclosed  by the State  to defence legal teams, including 190 hours of CCTV and video footage along with 10,000 pages of documentation.

One of the accused, Joan Gill, with an address at Dublin Road, Swinford, faces five charges of assault at Bungalow 3, Áras Attracta, in mid-November last. The other five face one charge of assault each. They are: Pat McLoughlin, Lalibella, Mayfield, Claremorris, Anna Ywunong Bostimbo, Lowpark Avenue, Charlestown, Kathleen King, Knockshanbally, Straide, Foxford, Christine Delaney, Lissatava, Hollymount, and Joan Walsh, Carrowilkeen, Curry, Co. Sligo.

State Solicitor Vincent Deane outlined to Judge Devins that the incriminating video footage had been filmed in Bungalow 3 by an undercover reporter and given to a producer who then handed it over to gardaí. Video footage was the sole evidence by which the State could secure a conviction, he explained.

The alleged victims were vulnerable and intellectually disabled who would not be able to give evidence themselves, and that was why the footage was so important.

Mr. Brendan McDonagh, counsel for Joan Gill, disagreed with Mr. Deane that the Criminal Justice Surveillance Act 2009 does not apply in the Áras cases. The Act was very specific that covert surveillance can be permissible in a civil context, counsel said, adding: 'What we are dealing with here is a criminal situation.'

Mr. McDonagh  maintained that under the 2009 Act, only gardaí, the Army and the Revenue Commissioners are allowed to use evidence gathered in this (covert) way.

Judge Devins indicated she will announce her decision on the admissibility issue at Swinford court (sitting in Ballina) on Friday next, October 9.