Scheme to protect witnesses urged

THE collapse of the court trials because of suspected intimidation has contributed to calls for dedicated officers to be assigned to protect witnesses.

An Oireachtas report yesterday recommended a Witness, Victim and Family Liaison Officer Scheme be set up for serious crimes, including murder and sexual assault.

The Joint Justice Committee said every effort must be made by gardaí to record and to prosecute cases of intimidation. Victim Support told the committee that this was often not the case. The committee’s Review of the Criminal Justice System called for a number of other measures to be considered, including:

Preliminary hearings to deal with legal and other issues in order to speed up and shorten jury trials.

Appointment of more judges and support staff to clear backlog for serious crime cases.

The use in courts of previously recorded statements by witnesses who subsequently refuse to testify.

Implementation of international conventions criminalising the activities of organised gangs.

Use of modern electronic surveillance to combat organised crime.

The report is the fruit of a detailed investigation carried out following a rise in gangland violence.

A wide range of professions, statutory agencies, voluntary bodies and legal experts were consulted.

Committee chairman Seán Ardagh TD said there were reports of witnesses, victims and defendants travelling together on the same trains to court in Dublin day after day.

The report backed proposals from the Bar Council and the DPP to establish preliminary hearings to deal with legal issues before starting the jury trial.

The Association of Garda Sergeants and Inspectors said the reality of plea-bargaining should be official recognised. It also called for longer sitting hours in district courts, more court rooms and longer legal terms.

What they said

“It is not an exaggeration to say the existing odds are 80:20 against the prosecution. The current criminal justice system involves trial by ambush.” - Barry Galvin, former Criminal Assets Bureau Legal Officer.

There are some areas “where there appears to be a code of conduct within the criminal fraternity of not vindicating their grievances in court”. - Michael Farrell, HRC.

“Each accusation of intimidation must be taken seriously and efforts made to prosecute for intimidation, including a systematic processing and recording of any instance of intimidation reported to the gardaí.” - Victim Support.