DOYLE v. IRELAND - 51979/17 (Judgment : No Article 6+6-3-c - Right to a fair trial : Fifth Section)

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

Angelika Nußberger, President, Ganna Yudkivska, André Potocki, Síofra O ' Leary, Mārtiņš Mits, Gabriele Kucsko-Stadlmayer, Lado Chanturia, judges, and Claudia Westerdiek , Section Registrar ,

"The defence object to the prosecution proposal to call evidence of various admissions made by Barry Doyle in the course of interviews that took place while he was in custody .... The defence contend that these admissions are inadmissible and rely on three grounds.

The onus of proof in respect of admissibility is on the prosecution and if confessions are to be admitted in evidence the Court must be satisfied beyond a reasonable doubt that it is proper to do so.

In considering the question of oppression the Court observed Barry Doyle in video recordings over a period of in excess of 20 hours and holds that he appeared to be physically and mentally strong throughout. He engaged with the [police] when he chose to do so and refused to answer questions when he did not wish to do so. ...