Madam, - Might I suggest that the problem of recalcitrant witnesses could be addressed by the adoption into law of the following simple procedure:
1. Where the crime being investigated by the Garda falls into the category of a serious or indictable offence and the Garda believes there is a likelihood that a witness who has made a written statement may be intimidated or otherwise pressurised into subsequently disavowing or retracting such statement, the statement could, at the time of its making, be raised to the status of a deposition. This would be done by having the witness formally swear as to the truth and accuracy of the statement before a commissioner for oaths or notary public.
2. If, in the course of the subsequent criminal trial, the witness was to disavow or retract his deposition, the witness would then, under the enabling legislation, be faced with appropriate sanction by the court and/or by a different court for statutory perjury; in addition, the court would have discretion to put the witness's deposition into evidence subject only to its being proved that the deposition was duly taken in accordance with law and to a suitable warning as to its evidential value being given to the jury. The right of the accused to cross-examine the witness would be retained.
Thus the conspiracy of silence, however induced, would be rendered ineffectual. - Yours, etc.,
E.R. O'CONNOR,
Lucan,
Co Dublin.