The Court of Criminal Appeal today quashed the conviction of a man on the grounds that he was seen by potential jurors in handcuffs prior to his trial.
The court warned it views very seriously the presentation in handcuffs of a defendant in areas of the courts where they may be seen by jurors, or photographs of defendants in handcuffs.
The court did not want a perception to go out that what it has said about defendants not been seen in handcuffs does not matter and does not warrant setting aside a conviction, Mr Justcie Hardiman, presiding over the three judge court, said.
While there were difficulties in ensuring jurors would not see defendants in handcuffs, it was not impossible to avoid that happening.
He also drew attention to the continuing failure by gardaí to tape-record interviews with persons in custody, despite the introduction of legislation to that effect in 1997.
The court was granting an appeal by Darren McCowen (31), of Knockmore Crescent, Tallaght, against his conviction for larceny of £8,000 from the National Irish Bank branch at North Main Street, Naas, Co Kildare, on June 21st 1999.
It was alleged McCowen jumped across the counter and stole the cash from a teller.
McCowen, who has a history of substance abuse, was jailed for three years and has completed his sentence.
Presenting McCowen's appeal, Mr Garnet Orange argued a combination of factors had rendered the trial unsatisfactory.
These included that his client was handcuffed while in the hall of Naas Circuit Criminal Court, where he would be seen by potential jurors; the admission of evidence from a Garda witness that McCowen had repeatedly stated in interviews with gardai that he was saying nothing on the advice of his solicitor and the failure by gardai to record all of his replies to questions.
Mr John Aylmer, for the DPP, accepted there were imperfections in the trial but argued these were minor and did not justify the setting aside of the conviction.