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Defending the making of false statement

I was assaulted in a pub. I made a statement to the Gardai. I am now being charged with making a false statement although I have cctv footage to prove otherwise. If Iwin my case, how long do I have for a civil case after this?

Firstly, I’d say that if this listener has evidence that would acquit him/her – make a copy and give it to your solicitor to give to the Gardai. If they still proceed and  you win your case you will have to prove that the prosecution was brought at least with gross  negligence – that is there was no reasonable evidence that might sustain a prosecution. This is a civil suit called “malicious prosecution” – it doesn’t necessarily need wilful malice but gross negligence is normally sufficient to bring such a case.

If you were arrested on the charge of making a false statement and you are acquitted, your case will be for assault, false imprisonment and defamation of character together with the legal remedy available in malicious prosecution itself. You have six years from the date of arrest in which to bring the case. If the listener was injured in the arrest then that is a separate case for personal injury and that would carry a two-year Statute of Limitations, which would have to go through PIAB.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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