More judges urged to counter threats

INTIMIDATION of witnesses could be significantly reduced by appointing more judges to cut the waiting time for murder trials, legal experts said yesterday.

The delay between a person being charged and a trial beginning - which can often last two years - gives plenty of time for witnesses to be intimidated, according to lawyers.

Liam Keane, who walked free on Monday after six witnesses denied making statements identifying him as the killer of Eric Leamy, was initially charged with murder in September, 2001, more than two years before the trial actually opened.

“Such a lengthy period of time increases the risk that witnesses could change their mind and could be got at,” said a senior legal source, who preferred not to be named.

Speaking in relation to murder cases generally(do not remove), criminal law barrister Paul Anthony McDermott said it was not unusual for cases to take two years to get to trial. “The longer it takes to get a trial on, the greater the chance for people to interfere with the administration of justice. It would be addressed, if we had twice the number of judges, sitting in twice the number of central criminal courts.

“You could appoint another ten judges in the morning and there would be more than enough work.”

Mr McDermott pointed out that the Central Criminal Court sat during its vacation in September to try and clear the backlog. “In fairness the judges are doing everything they can, but there are only so many to go around.”

A spokesman for the Courts Service yesterday pointed out that the waiting time between indictment and trial for murder and rape cases had been cut from two years to 11 months within the last year.

He said there were now four High Court judges assigned to the Central Criminal Court hearing murder and rape cases, compared with one judge two years ago.

He said there was still a large backlog, but pointed out the number of murder cases had doubled since 1996.

He said the Central Criminal Court was now sitting outside the Four Courts in Limerick and Cloverhill and added that it had sat during recess.

A report before the Government, produced by the Fennelly Commission, recommends extending the right of hearing murder and rape cases to the Circuit Court, a move that would significantly cut waiting times.

Such a move is supported by Mr Justice Paul Carney, who is in charge of the Central Criminal Court, and who presided over the Liam Keane case.

Last May, Mr Justice Carney said the waiting list in the Central Criminal Court was about 18 months, compared with just three weeks in the Circuit Court.

Justice Minister Michael McDowell has also expressed interest in such a move.