Criminal, Civil & Family Law
There is no reason what-so-ever why polygraph evidence cannot be submitted as evidence in any court in the Republic of Ireland. However it will be the decision of the judge in each case to decide whether or not it can be admitted and how much weight should be placed on this evidence. In this respect polygraph evidence is no difference to any other piece of evidence. In fact the polygraph has been proven to be more accurate than other types of forensic evidence used in courts such as fingerprint, handwriting evidence and eye witness accounts. our tests results have been used in criminal, civil and family law proceedings in Ireland.
Generally we do not find there is a problem getting polygraph test results admitted as evidence. However in case you find resistance or objections from the opposing legal team you need a solicitor who is prepared to make the effort to put a strong case forward as to why the evidence should be admitted and use the relevant laws to ensure this happens. For example, under European law you have a right to call witnesses in criminal law cases; your solicitor needs to use the relevant laws to ensure your polygraph evidence is admitted.
We would also recommend that you make the judge aware as early as possible of your intention to admit the polygraph evidence, to avoid any last minute confusion. You will need to call the examiner who conducted your test as a witness; failure to do this is likely to result in the judge placing little or no weight on this evidence in the absence of an examiner in court to answer any questions the judge may have.
If you consult a solicitor who either tells you polygraph evidence is not admissible, that’s it’s “a waste of time” or who is not prepared to explore the option, then perhaps you have to question whether that solicitor is the right one for you. As polygraph examiners we have been called as witnesses in criminal, civil and family law cases in Ireland, so we can categorically declare that polygraph evidence is currently being used in courts in Ireland despite what some solicitors or even the Gardai may tell you.
Also consider the fact that the power of polygraph evidence can also be found in negotiations and case building outside of the courtroom. In particularly in the USA, polygraph evidence has been used to diminish the credibility of the opposing team’s witnesses, raise doubts about the alleged victim’s truthfulness and convince the prosecutors that charges are unfounded.
Polygraph evidence, like any other evidence admitted in our courts today is not infallible. It will rarely win a case on entirely its own merits, but as a component of an entire defence presentation or used to support other evidence it can mean the difference between a guilty and a not guilty verdict.
Click here for Danny Crowley’s story of how we helped him quash his conviction in the High Court.