Witness intimidation more likely with long trials - report

The criminal justice system needs to be reformed to give greater respect and protection to witnesses and victims during criminal cases so that intimidation is minimised, according to an Oireachtas committee report.

The report on the review of the criminal justice system, published yesterday by the Joint Committee on Justice, Equality, Defence and Women's Rights notes intimidation of witnesses is more likely if trials are delayed for long periods.

It concludes trials, particularly at the Central Criminal Court, are often delayed because of the unavailability of judges.

It recommends the appointment of more judges and support staff to clear backlogs and streamline the system into the future.

The committee noted the complexity of making a specific criminal offence of gang membership, but welcomed a review of this area being undertaken by the Government.

It was not satisfied by the composition of juries saying jury selection needed to be reviewed because "on a day-to-day basis juries are not representative of a true cross-section of society".

Committee chairman Mr Seán Ardagh TD (FF), said the committee was concerned that court cases should take place as quickly as possibly. "Very often a witness in a gangland case or a drugs case is living in the same community as an accused person. If something takes two years to come to court it can be very difficult to keep a witness on a straight path, it can be very tough psychologically."

The report was published following public hearings in November and December last year, at which the committee heard submissions from a variety of groups and individuals. These included gardaí, representatives of the legal profession, the Minister for Justice, and community and human rights groups.

Among the committee's recommendations published yesterday were:

Preliminary hearings should be held with a view to shortening trials. The preliminary hearings could be used to identify if any evidence could be taken by video link; to decide on the admissibility of certain evidence; to identify and submit any evidence agreed by both the prosecution and defence.

Setting up a dedicated witness, victim and family liaison officer scheme which should include a programme to reduce witness and victim anxiety about court appearances and an effective witness escort and travel subsidy.

Consideration be given to courts operating from 9 a.m. to 5 p.m., using a shift system for judges where needed. More court rooms should be considered with longer legal terms. The Central Criminal Court should sit in major regional centres.

The mooted new criminal court complex in Dublin should be designed in such a way as to segregate "key players" such as judges, witnesses, jury members, defendants and gardaí. A large complex might also allow for larger jury panels to be sworn in at a single secure site and for a greater number of courts to sit at the same time.

The Special Criminal Court be retained in certain circumstances in the interests of protecting the integrity of the criminal justice system.