No fair trials under new law, says group

A FUNDAMENTAL right of a defendant - to challenge the evidence of a prosecution witness - would be removed if a controversial proposal is introduced by the Government, it was warned yesterday.

Justice Minister Michael McDowell said he was considering allowing courts to accept as evidence signed statements made by witnesses who subsequently change their story in court - in line with a legal precedent in Canada. The move follows the dramatic collapse of the Liam Keane murder trial on Monday.

“It is essential to the criminal justice system that you have to be able to challenge evidence. If you can’t you’re not getting a fair trial,” said Aisling Reidy of the Irish Council for Civil Liberties (ICCL).

“A jury has to be convinced the evidence is reliable. Defendants have a right to challenge the evidence and cross-examine the witness.”

Any drastic change of this fundamental right would be contrary to the European Convention on Human Rights, she said. “No other common law country in the world has given up the right to a fair trial and undermined the right to cross-examine in order to combat organised crime.”

Criminologist Dr Paul O’Mahony said juries need to see witnesses giving evidence under cross-examination to determine their reliability and credibility.

The Trinity College Dublin academic said: “Statements have been shown time and time again to be embellished or put into the language of police. You are opening it up to a level of abuse and doctoring, even in slight ways that are done unconsciously to make statements stronger than they might be.”

Statements from witnesses and suspects taken by gardaí have been criticised on a number of occasions by judges, including in the Paul Ward appeal and the Josie Dwyer trials. Senior counsel and criminal law expert Peter Charlton yesterday came out in favour of allowing statements to be admissible as evidence.

Speaking on RTÉ radio, he said: “I believe it has worked well in Canada. I’m not aware of any downsides.” He said video-recording these statements would be a safeguard. The Garda Representative Association has called for a mandatory five-year sentence for people being involved in criminal activity which could lead to loss of life based on the sworn information of a senior officer.