Gardaí back calls for changes to bail practices

GARDA representatives yesterday said there was a serious problem with current bail practices and backed Government plans to review the area.

The comments came after it was revealed that a quarter of people who met violent deaths last year were killed by people out on bail on other charges.

“It is extremely worrying that so many violent crimes are connected with such a high proportion of people on bail,” said a spokesman for the Association of Garda Sergeants and Inspectors (AGSI).

The figures emerged after a meeting between a group representing homicide victims and Justice Minister Michael McDowell.

The Advocates of the Victims of Homicide (Advic) said 15 of the 60 people who died in violent circumstances in 2005 were killed by people out on bail.

The group called on the minister to introduce stronger bail laws, saying they were too lax.

Mr McDowell emphasised the independence of the judiciary when dealing with bail applications, but said he would undertake to commission research on bail practices.

He said it would be helpful to discover what kind of offences the persons had been granted bail for, and if they were offences of a serious or violent nature.

The AGSI spokesman said: “We would welcome some research on this area, but the research shouldn’t be allowed to delay action on what is obviously a serious problem.”

He said no one was saying the power to decide bail applications should be taken away from judges but said the advice of gardaí should be heeded.

“The judges should listen very carefully to garda advice at the time of granting bail. Gardaí don’t object to bail for frivolous reasons. People would accept that gardaí often enter no objection to bail.”

Advic said the figures showed that many deaths could have been avoided if the offenders had not been granted bail.

“I think with such a figure, the system should realise it’s not working. Homicide is the worst crime of all,” said Annie Mulvaney of Advic.

Her 19-year-old son Brian was murdered in 2000 by Brian Willoughby, who had been out on bail while facing charges in connection with a violent assault.

“The guards objected strongly to him being given bail. My son should never have met that guy on that night.

“The guards are the ones dealing with criminals all the time and if they object to bail, they have a reason to object to it and they should be listened to,” said Ms Mulvaney.

The spokesman for AGSI said the research should investigate what types of offences received successful bail applications and whether garda advice was accepted or not.

The Irish Council for Civil Liberties said that while it sympathised with victims’ families, stronger bail laws were not the answer.

Director Aisling Reidy said judges had to be given the capacity to consider all factors when granting or denying bail rather than being restricted by new legislation.