Mick is shortly facing trial for the murder of his partner Michelle. She was attacked while jogging in the Phoenix Park and during a struggle was stabbed a number of times. There were no witnesses to the attack and Mick vehemently denies being in the Park that night or having any involvement in the killing.

However, the prosecution case will seek to rely on the following:

The testimony of a Dr. Murphy who was out for a stroll in the Park and found Michelle lying on the ground and bleeding heavily. He will tell the court that she may have been lying there for up to half an hour, that he phoned an ambulance and tried as best he could to stop the bleeding. Michelle was very distressed and frightened and asked him repeatedly not to leave her because she didn't want to die alone. Dr. Murphy assured her that he would not leave her and that she was not dying. However, he knew that she was losing too much blood and would probably be dead by the time the ambulance arrived.He will say that Michelle then said to him: "He won't get away with it, will he?" Dr. Murphy asked her what she meant, and Michelle responded: "the bastard stabbed me, my own partner stabbed me." A few seconds later, Michelle died.

Testimony from Michelle's best friend, Grace, that Michelle had come to her house a couple of weeks before the killing with a box containing some large knives, an axe and garden shears. Michelle told her that she wanted Grace to keep these as she had just tried to end it with Mick, that he reacted violently, threatened her and that she was now living in fear of him.

Records of interviews with Mick in a city centre Garda Station following his arrest and prior to him being charged with Michelle's murder.

[Mick had been detained on suspicion of murder under the Criminal Justice Act 1984 as amended. During a 12-hour period comprising three custodial interviews, he was questioned by a team of six garda officers. The questioning was rigorous and at times quite aggressive.Although he was allowed to take a couple of short breaks, Mick found that he was too stressed to sleep or eat. Mick had never been arrested before and he found custodial detention intimidating and distressing. A garda officer advised Mick of his rights at the start of the first interview but Mick was too distracted to pay attention. After the second interview, Mick was moved to a different location in the garda station. A garda officer told Mick that the third interview could not be electronically recorded because the equipment was then in use to record an interview with a burglary suspect.

Mick remained silent during most of the custodial questioning. When asked to account for recently acquired scratches on his arms and face he replied "no comment" and when asked to explain where he was at the time of the attack, he said "I can't remember, at home I think". However, towards the end of the third interview, he did admit that his relationship with Michelle had recently become strained and that he had become aggressive and violent towards her a few weeks earlier when she told him she wanted to end their relationship. He further admitted that he felt used, became hateful of her and thought strongly of killing her. He then broke down saying "I'm so ashamed of myself. I'm so sorry this happened."]

Mick proposes to take the stand at his trial. He will strenuously protest his innocence and say that he couldn't have killed Michelle as he wasn't even in Dublin that night as he was gone night-fishing with his father Charlie (since deceased) in Wicklow.

He also wants to call a consultant psychiatrist who will testify that while Mick was emotionally upset by Michelle's decision to end the relationship, Mick 'does not have it in him' to kill. The psychiatrist is also prepared to testify that Mick's breakdown and expression of shame and remorse at the end of the third interview was as a result of garda oppression and was not voluntary.

Advise Mick as to the evidentiary issues involved. the question is this ADVICE MICK AS TO THE EVIDENTIARY ISSUES INVOLVEDTOTAL: 100 MARKS