LEADING CRIMINAL lawyers have called on the Government to immediately withdraw legislation to expand the use of the Special Criminal Court to tackle gangland crime.
In a letter to today's Irish Times, the 133 defence and prosecution lawyers say they are seeking time for "a reasoned debate" on the issue.
Describing themselves as “extremely concerned” about Minister for Justice Dermot Ahern’s plans, the senior and junior counsel and solicitors say Ireland will eventually “be shamed” by the legislation before the United Nations and the European Court of Human Rights.
“It is quite simply astounding that we as a society would jettison ancient rights and rules of evidence in such a manner and seemingly without regard to the effect such impetuous legislating might ultimately have on the respect for the rule of law in this country,” they say.
The lawyers who signed the letter include senior counsel Michael O’Higgins, Brendan Grehan, Paul McDermott, Maurice Gaffney, Patrick Gageby, Iseult O’Malley and Mary Ellen Ring, and solicitors Frank Buttimer, Michael Staines and Danny Hanohoe.
The Criminal Justice (Amendment) Bill passed its committee stage in the Dáil last night.
However, debate was shortened as TDs discussed the impact of the electricians’ strike.
TDs will finish work on it on Friday and it will go before the Seanad next week.
The Minister’s intention to abolish jury trial for gangland cases, to let gardaí of any rank give opinion evidence about the existence of a gang, and not to require corroboration of such evidence are “the most pressing” reasons for “real and serious concern”, the lawyers say in their letter.
The right to jury trial is enshrined in the Constitution, they say, and is only taken away in cases where ordinary courts are “inadequate to secure the effective administration of justice, and the preservation of public peace and order.
“Opinion evidence from a garda must be understood as simply that – an opinion. No basis for such an opinion would be required by this Bill,” the letter states.
“No corroboration is required. A garda on the beat – who may base it on a person’s previous convictions or from evidence upon which he/she will claim privilege and therefore not have to divulge where it came from – will be able to give an opinion which could result in conviction and sentence for a serious crime.
“The Constitution will surely not permit this, but even if it does, Ireland is likely to find itself shamed before the international community when the European Court of Human Rights or the United Nations Human Rights Committee are, inevitably, called upon to rule on the issue.”
The lawyers also say that the legislation has been introduced at short notice “without any research to support its desirability and without canvassing expert opinion or inviting contribution from interested parties on the issues”.
“It appears now that it will be passed without proper debate in the Dáil because such debate has been guillotined by the Government,” they add.
Powers under the legislation to hold secret detention hearings, which can be held without the person in custody, or his lawyers, “should be anathema to a system based on the rule of law” and are unnecessary, they argue.
Many of the issues raised by the Government to support the passage of the legislation have already been addressed in previous legislation, such as the use of covert surveillance and out-of-court statements to prevent the intimidation of witnesses, the lawyers say.
