PERMITTING THE DPP to appeal an acquittal where there is new evidence was among a series of measures announced by the Minister for Justice yesterday.
Dermot Ahern announced a package that included changes in the criminal justice system and the establishment of a new executive office in the Department of Justice to support victims of crime.
However, he was sharply criticised by the Fine Gael spokesman on children, Alan Shatter, for holding a press conference "about non-existent legislation related to crime victims whilst planning to reject a fully drafted and comprehensive piece of legislation produced by Fine Gael last January that will be debated in the Dáil next week".
The press conference took place as the Dáil was due to debate the renewal of the Offences against the State Act, and Fine Gael justice spokesman Charlie Flanagan accused the Minister of trying to dodge the debate. The uproar led to the suspension of the Dáil.
The Irish Council for Civil Liberties, which has just published a report on the victims of crime and an accompanying charter, said: "The changes that the Minister has proposed would diminish the rights of accused people without improving life for victims of crime. It is a fallacy that taking liberties from accused persons can enhance the lives of victims. If the Government is genuinely interested in advancing the situation of victims then it must adopt a rights-based approach, including a statutory charter for victims of crime."
Legislation planned for next year would give the DPP the right to appeal against acquittal where compelling new evidence emerges after a trial; where there is evidence that the original acquittal was tainted by interference with the trial process, such as intimidation of witnesses; and where an acquittal arises from an error in law by a judge.
It will also provide for the next of kin in homicide cases to be accorded the status of victims and to be given the right to make a victim impact statement at the end of a trial and before sentencing. Such a statement would be accepted by the judge in advance, and the judge would have the power to prohibit its publication if it subsequently departs from what had been accepted.
A new office to support victims of crime and a reconstituted Commission for the Support of Victims of Crime also form part of the package. The measures are contained in the recommendations of a framework document on future structures and services for crime victims, published yesterday by the commission, which was established by former minister Michael McDowell.