And that the questioning started at 8.10 p.m. This was confirmed in the judgment of the Supreme Court (see paragraph 54 above). In the Court’s view, without speculating as to the effectiveness of the legal assistance provided by M.R., this period appears to have been relatively short, bearing in mind the scope and seriousness of the accusations, involving three counts of aggravated murder and further counts of armed robbery and arson. Regard should also be had in this context to the requirement in Article 6 § 3 (b) that an accused should be afforded adequate time and facilities for the preparation of his or her defence. Nor did the applicant ever complain during the criminal proceedings that the lawyer M.R. Had failed to provide him with adequate legal advice.
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Neither the trial court nor the investigating judge nor any other national authority took any steps to obtain evidence from G.M. Or the police officers involved in order to establish the relevant circumstances surrounding G.M.’s visit to Rijeka Police Station on 14 March 2007 in connection with the applicant’s questioning by the police. In particular, the national courts made no real attempt to provide reasons supporting or justifying their decision in terms of the values of a fair criminal trial as embodied in Article 6 of the Convention. The Court has found that the police did not inform the applicant either of the availability of the lawyer G.M. These factors, taken cumulatively, irretrievably prejudiced the applicant’s defence rights and undermined the fairness of the proceedings as a whole.
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Furthermore, in her closing arguments at the trial, the applicant’s representative asked the court – in the event of its rejecting her client’s plea of not guilty – to take into consideration in sentencing the applicant his confession to the police and his sincere regret (see paragraph 47 above). Would already have been available to assist the applicant in the morning, long before the questioning started, and was a lawyer whom the applicant knew from a previous case. Had he been informed by the police of G.M.’s presence and had he actually chosen G.M. To represent him, the applicant would have had considerably more time to prepare himself for the questioning.
The Court notes that the record of the applicant’s questioning by the police indicates that M.R. Arrived at the police station at around 7.45 p.m. On 14 March 2007 and that the questioning of the applicant commenced at 8.10 p.m. There is no indication of the exact time when the applicant and M.R. Actually commenced the consultation, nor is there any explanation of why that information was not provided in the record of the questioning. The Court notes also that the statement from D.H., the Rijeka County State Attorney, indicates that M.R.
In the instant case, it can be presumed that the consequence of the police’s conduct was that in his very first statement to the police, instead of remaining silent, as he could have done, the applicant made a confession, which was subsequently admitted in evidence against him. It is also significant that during the investigation and ensuing trial the applicant did not subsequently rely on his confession, save by way of mitigation in relation to the sentence, but took the first opportunity, before the investigating judge, to contest the manner in which the confession had been obtained from him by the police (see paragraph 23 above). Although there was other evidence against him, the significant likely impact of his initial confession on the further development of the criminal proceedings against him cannot be ignored by the Court.