McDowell backs use of juryless court
He was speaking after the publication of a review of the Offences Against the State Acts which recommends retaining key provisions like internment and the Special Criminal Court. But a minority of a committee, headed by its chairman, Mr Justice Anthony Hederman, recommending the restoration of jury courts for all criminal trials. Mr McDowell said juries were the cornerstone of our legal system, but said the court had to be seen in the context of a paramilitary threat.
He said the safety of the people was the supreme law and everyone had to be protected from “an agenda of evil” by some determined to bring Northern Ireland to a state of civil war.
However, Mr McDowell said it was hoped a time would come where jury trial would be the sole means of adjudication. The report contains a variety of legal opinion, but a minority of experts claim there is no reasonable justification for the continued existence of the Special Criminal Court. They said the arguments in support of the existence of the court “do not stand up to scrutiny in the light of constitutional values and human rights norms.”
But he insisted it was too soon to come to any conclusions about the future of the Special Criminal Court.
Yesterday’s report arose from an undertaking by the Government to review all aspects its emergency legislation and the workings of the Special Criminal Court as part of the Belfast Agreement.
The report also recommends that the powers of the State to seize assets of illegal organisation should be scrapped.
A majority of the committee said the provision was “unworkable” and is constitutionally doubtful.
Mr McDowell said there were a number of differing views held in the report and he hoped it would initiate a public debate.
“The report will be a most useful reference tool for all who are concerned with this area of law and state security. The fact that there are different views expressed about various very substantial issues does not, in my view, diminish the value of the report. Rather, it enhances its value,” he said.
“The differing views will help focus the debate which will now take place as regards the future of our legislative and policy decisions in this,” he said.
