DPP may explain decisions to victims

THE Director of Public Prosecution (DPP) is reviewing the long-standing policy of giving no reasons for decisions, in light of the Robert Holohan case.

The Department of Justice confirmed to the Dáil that the DPP is examining giving more information about prosecutorial decisions to victims of crime.

Junior Minister Pat ‘the Cope’ Gallagher, substituting for Michael McDowell, indicated that examination of the policy - which pre-dates the establishment of the DPP’s office in 1974 - will explore ways of giving more information to victims, but will stop short of making public statements.

“An obvious difficulty is that where reasons are given privately to victims, they subsequently be disclosed in public,” Mr Gallagher said.

According to sources, DPP James Hamilton first indicated a willingness to re-examine the policy at a meeting with victim support group Advic, shortly after the conclusion of the trial of Wayne O’Donoghue.

The 21-year-old student from Midleton was sentenced to four years’ imprisonment for the manslaughter of his 11-year-old neighbour, Robert Holohan.

The controversial policy came under criticism as a result of questions raised by Robert’s mother Majella in a victim impact statement at the sentencing hearing.

She asked why certain evidence - in particular, traces of semen found on Robert’s hand - was never presented to the jury.

Labour justice spokesman Joe Costello, who raised the issue in the Dáil, yesterday welcomed the move.

He said a response was needed from the DPP to allay the controversy and confusion that followed the trial relating to Robert’s death.

“The DPP did not issue a response at that time - all we got was silence,” he said.

He said matters of public concern arising from the performance of the DPP’s functions needed clarification.

He contended there was nothing in legislation that prevented the DPP from making public statements about his decision.

“If reasons were given in some cases, it would be difficult not to give them in all,” Mr Gallagher said.

It emerged yesterday that just one person received a sentence last year comparable to that given to O’Donoghue for Robert’s manslaughter.

Overall, 60% of manslaughter cases resulted in a sentence of seven to 10 years.