Braddish v DPP (original) (raw)

Braddish v DPP [2001] 3 IR 127 was an Irish Supreme Court decision that established principles in relation to gathering of evidence. The Supreme Court ruled that "the Gardaí are under a duty to seek out and preserve all evidence bearing on the guilt and innocence of an accused." Daniel Braddish, the applicant, sought a prohibitory injunction against his approaching prosecution for robbery. Video evidence of the alleged crime had been in the possession of the Gardaí but was no longer available. The effort to have the prosecution overturned was refused in the High Court. On appeal, the Supreme Court was satisfied that the Applicant was entitled to the relief sought and accordingly made an order to quash the prosecution.