Gardaí allowed to search Quirke computers, court hears

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The Supreme Court will rule later on an appeal by Tipperary farmer Patrick Quirke against his conviction for the murder in 2011 of Bobby Ryan – a DJ known as Mr Moonlight

On the second and final day of the appeal, the court was told gardaí are not legally required to outline exactly what evidence they suspect might be found on a premises when applying for a search warrant.

Lawyers for Patrick Quirke say the warrant used to search his home and seize a number of items was invalid as gardaí did not tell the district court judge they planned to seize a computer. The evidence formed a key part of the prosecution case against Mr Quirke as it was found to have been used for internet searches on the rate of decomposition of human remains and the limitations of forensic DNA.

However Ms Justice Iseult O’Malley said searching through physical documents did not mean gardaí might also look through a personal private photo album. Asked by Mr Justice Seamus Woulfe if there was a recognition that information not relevant to an investigation may be viewed by gardaí, Mr Bowman said that was a consequence of any search. However, he said"those who commit offences are going to be moved to try get away with it and if that leads to misidentifying or hiding items, those items cannot be out of bounds and it cannot be the case that gardaí were shut down from that".

 

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