Proposals ‘could help murder victims’ relatives’

THE huge burden faced by relatives of murder victims could be eased greatly if radical proposals for the overhaul of the criminal courts system are introduced, a leading pressure group claimed last night.

Victim Support warmly welcomed key proposals contained in the Fennelly Report, the most comprehensive examination of court jurisdiction since the early years of the State. Published yesterday, the report was drawn up by a working group headed by Mr Justice Nial Fennelly.

Proposals to allow Circuit Courts to hear murder cases would ease the "unholy burden" of relatives and witnesses travelling every day to Dublin during a trial, according to Lillian McGovern of Victim Support.

Introducing a preliminary hearing should mean relatives and rape victims will not have to endure going to court and finding a trial is adjourned because of legal argument, she added.

The main recommendations of the report are:

* Circuit Courts around the country be allowed to try rape and murder cases, all of which are heard in the Central Criminal Court in Dublin;

* Preliminary hearings be held to establish agreed facts and logistics so that trials proper are not interrupted.

* The abolition of the requirement that a convicted person issues a leave to appeal.

* The right to a jury trial be allowed in all cases where it is an option. Currently, the DPP can make the decision for some offences.

* A prosecution right of appeal in District Court cases should not be introduced.

* Video link should be extended to potentially include all witnesses except the accused.

* District court fines to be increased from €3,000 to a maximum of €10,000.

Justice Minister Michael McDowell said he will give "immediate consideration to the earliest implementation of such of its recommendations the Government accepts".

"It is a very comprehensive report which contains many interesting and important recommendations and proposals as well as providing an overview of the entire criminal system," he said.

Labour's Joe Costello said the elimination of waiting lists for the trial of serious cases must be a priority for the government. He said the proposal to allow Circuit Courts to hear murder and rape cases should be effective.

Rape Crisis Centres around the country have expressed concern about the proposal to try rape cases around the country, believing the anonymity of the victim would be at risk and that such a move could "downgrade" the seriousness of the offence.

Mary Crilly of the Cork Rape Crisis Centre said: "Rape is a very serious crime. This seriousness is reflected in the fact that cases are tried by the Central Criminal Court."

She added that if the Central Criminal Court has insufficient resources then the solution is to provide the court with the resources.

The Director of Public Prosecutions strongly argued against giving a defendant the right to a jury trial in all cases where it is optional. Arguing there was a possibility the system might become overloaded, Chief Prosecution Solicitor Claire Loftus said insufficient research had been carried out in relation to the practical implications.

The working group argued the present system the accused can opt for a jury trial in some cases, such as robbery, but not in others like assault is "inconsistent, illogical and unfair."