Áras Attracta film footage admissible – Judge Devins

COVERT video evidence taken at the Áras Attracta care home in Swinford is admissible in the trials of six people charged with the abuse of some residents, a District Court judge has ruled.
Judge Mary Devins issued the ruling last Friday after hearing legal representations on behalf of six former workers facing abuse charges at a special court sitting in Ballina earlier in the week.
The defence team questioned the legality of using the covertly gathered material in a criminal trial. They argued that such material could only be used in this context if it was gathered by gardaí, members of the defence forces or Revenue officials. However, last Friday afternoon the judge said the footage filmed by the RTÉ Investigations Unit was admissible.   
Judge Devins said the 2009 Criminal Justice Surveillance Act did not preclude such evidence from being used. She observed that there had been no complaints about trespass by the undercover reporter and that there was no evidence of entrapment, incitement or instigation.

Forensic examinations
While accepting the constitutional right to privacy, she said the encroachment on the workers by hidden camera was not unreasonable and the video evidence would be subjected to forensic examination during the trial.
She then adjourned the case to November  13 for further mention, when it is expected trial dates will be set. It is expected that the hearing could take up to two weeks. At last week’s special sitting the legal teams for the defendants – Anna Ywunong Botsimbo of 8, Low Park Avenue, Charlestown; Kathleen King, Knockshanvally, Straide, Foxford; Joan Gill, 35, Dublin Road, Swinford; Pat McLoughlin, Lalibela, Mayfield, Claremorris; Christina Delaney, Lissatava, Hollymount and Joan Walsh, Carrowilkeen, Curry, Co Sligo – argued that 190 hours of video footage filmed by an undercover reporter was obtained illegally.