DPP seeks ‘loaded’ evidence law review

DIRECTOR of Public Prosecutions (DPP) James Hamilton has told a Dublin conference that evidence laws in this country are “seriously loaded” against the prosecution and are in need of review.

Mr Hamilton was speaking at the National Prosecutors’ Conference at Dublin Castle, where he said Irish evidence laws need to be examined.

The DPP’s office was in the spotlight following the Wayne O’Donoghue trial hearing recently, when Robert Holohan’s mother referred to evidence, not brought before the court, which she claimed went unanswered in the trial.

At Saturday’s conference, Mr Hamilton said he would welcome changes in the law which would allow limited rights of appeal for the prosecution.

“At present, the State has no rights of appeal to the higher courts except in relation to sentencing but defendants have full rights of appeal on legal arguments. The appeals process frequently leads to convictions being overturned, fuelling public anger,” he said.

“I sometimes feel that the criminal law in Ireland can be like a game of football with very peculiar rules. The prosecution can score as many goals as they like but the game goes on. As soon as the defence score a goal, the game is over and the defence are declared the winner. Effectively, the defence sets the reform agenda for judge-made law in Ireland,” he said.

Mr Hamilton also called for a relaxation of the rule which rules out the use of any evidence obtained in breach of a suspect’s constitutional rights.

Referring to the exclusionary rule, Mr Hamilton said: “The logic of the rule is to exclude evidence obtained in breach of constitutional right, even if that breach was an innocent one and due to a mistake which could have been made at any time. However, this method of compliance with the law is a classic example of what is called cutting off your nose to spite your face.”

He added that when “probative evidence of this sort is excluded”, it’s not the gardaí who suffer but the people of Ireland.

A Garda Representative Association spokesman would not comment on the DPP’s speech. A Department of Justice spokesman was unavailable.