The judge in the trial of a 16- year-old Co Laois youth convicted of murdering a 14-year-old boy with a hammer has condemned what he called the "cavalier attitude" of investigating Portlaoise gardaí.
The youth was found guilty last Wednesday of murdering the boy with a hammer and is currently in custody in St Patrick's Institution awaiting sentencing in October.
Mr Justice Barry White, who presided over the trial at the Central Criminal court, had earlier ruled five video interviews of the prisoner during his detention at Portlaoise Garda station inadmissible as evidence and they were never shown to the jury.
Explaining why, Mr Justice White yesterday said Portlaoise gardaí had a "cavalier" attitude to the treatment of the boy in detention and ruled that admissions made were "effectively cajoled out of him".
The judge told the court that the murder accused was a juvenile and was arrested and taken to Portlaoise Garda station for questioning at 3.50 a.m. on November 12th, 2003. The questioning finished at 6.35 a.m. and began again after 8.30 a.m.
Mr Justice White questioned the need to arrest a minor in the middle of the night. "It does not appear to me that there was any urgency that required it [the arrest\] on the night in question" he told the court. "Even if it was urgent, I do not consider it appropriate to question the child in his fatigued position."
He said the garda in charge at Portlaoise Garda station, responsible for ensuring prisoners' rights were not breached, had "failed to comply with his statutory obligations" by not informing the youth and his father of the right to a solicitor.
"That failure is not fatal to the validity of the detention, but it is perhaps indicative of the cavalier attitude of the member-in-charge to a person detained under Section 4." Mr Justice White said that confessions from the teenager were more or less "cajoled" out of him in the final interview. "Throughout the second and third interview, the juvenile maintained his attitude that he was not guilty of any offence. That attitude was maintained throughout the fourth interview," he said.
He criticised detectives and the boy's father - who was present during questioning - for "raised voices" and "inappropriate comments" made to the teenager during the fourth interview.
"I'm satisfied that in the course of that interview an endeavour was made to break the will of the juvenile," Mr Justice White said.
"Following the fourth interview, the juvenile was left in the company of his father. His father then approached the team and said his son was willing to confess or admit his part in the death of the 14-year-old boy.
"To say the least, there is a reluctance on the part of the juvenile to make any admissions and the admissions are effectively cajoled out of him," the judge continued.
"Having regard to the atmosphere of the fourth interview, and the demeanour of the juvenile in the fifth interview, I am satisfied that the emanations from him were not the emanations of a free will, I am satisfied they were not freely made."
After viewing the five interviews, Mr Justice White said he was "satisfied that the juvenile was fatigued" and could be seen yawning several times.
He said the member-in-charge "did not give any proper consideration as to whether or not it was appropriate to interview the person at that stage".
In the third interview, it was "apparent that the prisoner is still fatigued and he is to be observed yawning more than once during the course of this interview".
He criticised gardaí for holding the teenager in a cell when there were other rooms available.
He said it was "inappropriate to place a juvenile in a Garda station cell having regard to the legislation".
Meal arrangements at the station were also found to be unacceptable. Mr Justice White said gardaí contended that breakfast was offered to the youth but he refused it. "I do not accept that.
"It is apparent that towards the end of the interview, the juvenile was asked about food and a reference to breakfast was made - that indicated to me that no offer of breakfast was made before this."
He added that the boy was only provided with a meal when he was brought back to his cell.
The judge found the extension of the period of detention of the boy was late by one minute and was unlawful.
A spokesman for the Garda Síochána said the Garda Commissioner had not yet had an opportunity to examine Mr Justice White's remarks.