Judge to decide on admissibility of Áras Attracta footage

A PRELIMINARY hearing into the admissibility of the CCTV and video footage of alleged incidents of assault against residents in Áras Attracta will be heard next month.
The application for a preliminary hearing into the admissibility of the video evidence was made in Swinford District Court this morning (Friday) by the legal representatives of the six Áras Attracta members of staff accused of assault.
State solicitor Vincent Deane informed Judge Mary Devins that he received correspondence from Mr Gearóid Geraghty, solicitor for Mr Pat McLoughlin, seeking a preliminary hearing into the admissibility of the CCTV and television footage.
The court heard that the legal representatives for the accused persons received 10,000 pages of disclosure and close to 200 hours of video footage.
Solicitors for the other defendants informed Judge Devins that they were allying themselves with Mr Geraghty’s application regarding the admissibility of the video footage.
Mr Deane said it was a reasonable application but added that if issues were to be raised by the defence he would have to know what they were in advance of the hearing date. Mr Deane said Mr Geraghty had also indicated to him that they had questions as to whether there was a constitutional expectation of privacy in the workplace.
Judge Mary Devins said the preliminary application or applications will be heard on Monday, October 5, and that the defence should put their reasons for the applications in writing to the State and the Court within ten days.
The defendants were excused from today’s hearing which was held in Ballina Courthouse.
Joan Gill (62) of 35 Dublin Road, Swinford, faces a total of five charges of assault, alleged to have all taken place in Bungalow Three of Áras Attracta on three dates between November 6 and November 17.
Christina Delaney (35) of Secfinn, Lissatava, Hollymount, along with Joan Walsh (42) of Carrowilkeen, Curry, Co Sligo and Kathleen King (56) of Knockshanvally, Straide, Foxford, are all charged with assault which are alleged to have occurred on November 15, 2014.
Ms Anna Ywunong Botsimbo (34) and Pat McLoughlin (56) of Lalibela, Mayfield, Claremorris are both charged with assault alleged to have occurred on November 14.
During the hearing, Mr Peter Flynn, solicitor for Anna Ywunong Botsimbo said he had received an ‘avalanche’ of disclosure from the State, the majority of which he said had nothing to do with his client. He and called on the State to identify what it was relying on to prosecute his client.
Mr Peter Flynn said that there were technical aspects regarding the footage which needed to be discussed, and that footage had been deleted. He said if there was going to be a hearing on the admissibility of the video footage, the people who installed the cameras should be present.
Brian Gill, solicitor for Ms Walsh, said he would also be applying for the cases to be heard separately. Mr Deane indicated he would be objecting to this.