A district court judge will rule later this week on whether video footage gathered by an undercover RTÉ reporter will be admissible in the trials of six people charged with assault at a residential care home in Co Mayo.
The material in question was secretly filmed for a report by the RTÉ Investigations Unit about care standards at the Health Service Executive-run Áras Attracta facility in Swinford.
Six care workers are facing assault charges following a garda investigation, after the report was broadcast.
The hearing is taking place before Judge Mary Devins at Swinford District Court, sitting in Ballina.
It was scheduled after legal representatives for the accused raised concerns about whether the footage had been legally and constitutionally obtained.
Outlining the prosecution position this morning, State solicitor Vincent Deane told the court that the footage was the sole evidence that would be put forward.
He contended that the provisions of the 2009 Criminal Justice Surveillance Act did not extend to this material.
Mr Deane said the constitutional right to privacy was accepted but that this was not unqualified.
He said the footage was not obtained illegally or in an unconstitutional manner.
Brendan McDonagh, BL for one of the accused, said it was his contention that the 2009 Act was central to the issues the court had to consider.
He said this allowed only three State agencies to covertly gather evidence for use in a criminal prosecution.
Mr McDonagh said the legislation clearly applied to gardaí, the Army and Revenue only.
There was no "saving provision" to allow for investigative journalism.
He also said RTÉ could have used less intrusive methods to gather material.
Mr McDonagh said the broadcaster was seeking to make a documentary that would have "shock value".
He said it was clearly not the case that RTÉ was working in the interest of safeguarding residents at Áras Attracta.
Gearoid Geraghty, representing another of the accused, told Judge Devins that there were clear guidelines as to when and how covert surveillance could be sought and approved under the terms of the Act.
He also contended that the evidence was obtained illegally as it was obtained as a result of trespass.
Eoin Garavan BL said RTÉ had recklessly revealed the identity of the people involved in the alleged assaults.
He told the court that the report would not have been weakened if the broadcaster has acted to pixelate or disguise the identity of the care workers.
Mr Garavan said the footage was "tainted with illegality" and should not be admissible.
After hearing submissions for over three hours, Judge Devins indicated she would issue a ruling on Friday.
The six defendants were present for today's hearing.
One of them, Joan Gill - with an address at 35 Dublin Road, Swinford - faces five charges of assault at Bungalow 3, Áras Attracta.
The assaults are alleged to have taken place on dates between 6 and 17 of November last year.
The five other staff members face one charge of assault each.
Pat McLoughlin - of Lalibela, Mayfield, Clarmorris - is charged with assault on 14 November 2014 at Bungalow 3.
Anna Ywunong Botsimbo - of Low Park Avenue, Charlestown, Co Mayo is charged with assault on the same date at the same location.
Kathleen King from Knockshanvally, Straide, Foxford, Co Mayo; Christina Delaney, from Lissatava, Hollymount in Co Mayo and Joan Walsh from Carrowilkeen, Curry, Co Sligo are each charged with one count of assault at Bungalow 3, Áras Attracta on 15 November last year.
