Legal options exist to problem of intimidation of trial witnesses
Aisling Reidy of the Irish Council of Civil Liberties (ICCL) said that a provision was introduced in the Criminal Justice Act 1999 whereby depositions could be taken from witnesses who were at risk of intimidation.
In a deposition, witnesses give a sworn statement before a judge, the defendant and his or her lawyer. It can then be admitted in court as evidence. “The 1999 Act was specifically amended to cover an eventuality where the witness does not testify because they are being intimidated.
“To the best of my knowledge it hasn’t been used and you’d have to ask: why not?”
She pointed out that, under the deposition procedure, the defendant is present and his counsel can cross-examine the witness.
Criminal law barrister Paul Anthony McDermott said that he did not know of any case where depositions were used for fear of possible intimidation, but said it could be used. He also pointed out that under the Criminal Evidence Act 1992, you can take certain depositions through a video camera and play the tape at the trial. “That’s limited to people under 17, but you if you wanted to extend that, you could have a filmed deposition. Under the 1999 Act, the jury would get a transcript, where under this they could see the deposition. This would allow the jury to assess the witness’s demeanour.”
Mr McDermott said that a better system again would be to film the witness giving his original statement to gardaí.
