In the Irish Courts
| Date | 01 April 1956 |
| DOI | 10.1177/002201835602000207 |
| Published date | 01 April 1956 |
| Subject Matter | Article |
In the Irish Courts
COURT
OF
CRIMINAL
APPEAL
IN
EIRE
ADMISSION OF EVIDENCE OF FEEBLE-MINDED WITNESS
The
People
(A.G.) v. Keating
THE decision of the Irish
Court
of Criminal Appeal in
The People (A.G.) v. Keating (1953,
I.R.
200)
emphasises
the importance of the principle
that
no vital step in a criminal
trial should take place in the absence of the accused.
In
the
Circuit Court, one Rossiter was charged with
the
unlawful
carnal knowledge of a feeble-minded woman of twenty-four
years of age, contrary to s. 4 of the Criminal Law Amendment
Act, 1935. Objection being taken on his behalf to evidence
being given by the woman, questions were administered to
her, to test her competency as a witness.
The
learned trial
Judge being satisfied
that
she was fit to give evidence,
her
testimony against Rossiter was
then
received. Later in
the
same session of
the
Court, one Keating was tried before
the
same
judge
(though with adifferent jury) on the same charge
in respect of
the
same woman. His counsel submitted
that
in
view of the feeble-mindedness of the woman she should not be
sworn as a witness against
the
accused, at least until the
learned Judge had satisfied himself on
that
occasion also that
she was fit to give evidence.
The
Judge, however, replied:
"I
have had this girl on
the
stand on the two previous days and I
am aware of
her
mentality. I have already ruled
that
she is
competent, having regard to her condition, to give evidence".
She was thereupon sworn forthwith
and
the
accused was
convicted
and
sentenced to one year's imprisonment with
hard labour.
Upon
appeal by Keating, it was urged on his behalf
that
the Judge should have made his determination
upon
the
competency of
the
witness, on
the
basis of evidence tendered
in
the
presence of
the
accused
and
the
jury
empanelled to
try
179
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