QUESTIONS OVER LEGALITY OF GARDA IDENTITY PARADE

THE legality of an identity parade was questioned by the barrister defending a 23-year-old man accused of criminal damage to cars and the windows of houses in Curracloe.

Defendant Taylor Barron of Lakeview, Drinagh denied four offences at Kilmacoe in Curracloe dating back to November 16 in 2015.

The date in question was recalled by witness Paddy Dobbs who told Wexford District Court how he arrived where he was residing in Kilmacoe around midday.

He had his two young children in the car when he came from Play Zone to find a faded red Opel Corsa parked in the area.

Dobbs discovered that windows at the front of the house had been broken, as were windows on the car of his mother-in-law Catherine Dempsey.

He saw a man running behind his car with what looked like a crowbar.

He feared for the safety of the children and drove off to the local post office where he gave them to the woman working there before calling gardaí. The witness then returned to Kilmacoe to find that the Corsa was gone.

He reckoned that it belonged to Martina Barron, the defendant’s mother. He discovered that a second vehicle had also been set upon, which belonged to the mother of his landlord.

Evidence was heard from Catherine Dempsey and from Mary Murphy as owners of the damaged cars.

Ms Dempsey testified that the windscreen and boot of her Nissan Micra were broken that day.

Ms Murphy stated that the windscreen and bonnet of her Toyota Auris were damaged.

She also reported that a bedroom window had been broken.

The case was investigated by Blackwater-based Garda Michael Fitzpatrick who interviewed the accused at the barracks in Enniscorthy on December 23, several weeks after the incident in Curracloe.

Barron agreed to participate in a formal identity parade, which was conducted by Garda Sergeant Brendan Moore.

The sergeant gave evidence of how he organised ten men to line up along with the suspect in the canteen of the station. Patrick Dobbs arrived and he picked out Taylor Barron as the person he believed he saw with the metal bar in Kilmacoe five weeks previously.

Barrister Jordan Fletcher said he was astonished at the failure of the prosecution to disclose details of the identity parade to the defence.

Sergeant Moore stated that the exercise was conducted with professionalism and dignity.

Counsel suggested that the defence could have contacted those who participated in the parade if furnished with their names.

Garda Inspector Denis Whelan responded that it would be wholly unfair to supply any list of names and addresses as suggested by Mr Fletcher.

He was adamant that the identity parade was carried out properly and in accordance with the law.

Mr Fletcher insisted that he needed to be able to test the fairness of the parade and called for dismissal of the four criminal damage charges.

Judge John Cheatle adjourned the matter until September for legal submissions from both sides.