Key legal question
Whether statements taken without an immediate warning of the right to remain silent were unusable
Extracted holding
The first police interview was unusable, but the later investigating-judge interviews were admissible because the defendant had been informed of his rights in the first judicial interrogation and was repeatedly heard with counsel present.
Extracted reasoning
Art. 31(2) BV requires prompt information on the right to remain silent. If the person later clearly knows that right, earlier omissions do not necessarily bar use of the interviews. Knowledge was established here by the first judicial warning and counsel's presence.