McKenna calls for abolition of Special Criminal Court

The Green MEP Ms Patricia McKenna will today move an amendment in the European Parliament expressing regret that the Government…

The Green MEP Ms Patricia McKenna will today move an amendment in the European Parliament expressing regret that the Government continues to use the Special Criminal Court for non-terrorist offences.

She will be speaking in the debate on the Schaffner Report on Human Rights in the EU.

Ms McKenna said yesterday that in 1993, following criticisms by the UN Human Rights Commission, the Government had justified the Special Criminal Court because of the continuing political situation. She said this situation no longer applied and the Special Criminal Court should be abolished.

Ms McKenna queried whether it should ever have existed in the first place, as legislation to deal with offences should be adequate to do so, and be seen to be, whether in an emergency or non-emergency situation.

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She asked why it was that, at the moment, some murder cases were tried in "ordinary" courts before a jury and others were tried before the Special Criminal Court without a jury. All such cases should be heard before a jury, she said. Otherwise, there was a risk of loss of public confidence in the system and of miscarriages of justice.

Ms McKenna also expressed "serious doubts about the use of supergrass evidence in the Irish courts". Convictions on such evidence alone raised serious doubts, she said.

The arguments for the introduction of emergency legislation in some circumstances were extremely flawed and meant ignoring certain basic principles, she added.

Patsy McGarry

Patsy McGarry

Patsy McGarry is a contributor to The Irish Times