if the book of evidence states incorrect information such as a incorrect licence number in a drink driving case does that mean something. the garda has stated a few things incorrect on the book of evidence and also in her statement. there is also the statement of another garda who has put in the correct details.
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It will help with a person defencet if the prosecutions evidence differs, as it is less reliable and your counsel will be able to refer to evidence in statements contained in the book of evidence if it differs from that given on the stand under oath
In all likelihood if there is a contradiction in the states evidence which is given under oath then the your counsel may be able to apply for a strike out in certain circumstances
i.e. If the intoxilysing garda and the arresting garda have different dates for the offence
does it matter that one of the garda statements is not signed ie the one that is incorrect.
there is pure confusion with this. in the garda book she has most things correct except for 1 number of the car reg and in her statement she has these details incorrect also, plus in her unsigned statement she has his incorrect date of birth, date of the incident ie in the book of evidence it is 01/08/2009 and in her statement she hbas
has put 05/08/2010. also this was supposed to be up in court in march (we found this out from a guard fried of ours) and the summons never appeared for this the summons came in may so we are pushing well into over a year. Ronan do you think we have a case for us to at least question this.
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