Laws ‘should underpin witness protection scheme’

THE Witness Protection Programme needs to be upgraded in the fight against crime, Dáil Public Accounts Committee chairman Michael Noonan said yesterday.

Money paid out for witness protection was halved in the period 2003-2005 from almost €1.2 million to €540,547.

Mr Noonan said the programme must now undergo a total overhaul as it is a vitally important in the fight against serious crime.

“Since the Veronica Guerin murder the gardaí have relied on the Witness Protection Programme to encourage gang members to give evidence against former gang colleagues. It is no longer as effective as it was and is being used less and less.”

He said the funding allocated by the Justice Minister bears this out. Mr Noonan said €1,183,484 was allocated in 2003. This fell by €60,000 in 2004 and last year was €540,547.

“It’s amazing that faced with so many unsolved gangland murders in Dublin, the Minister for Justice Michael McDowell does not take action.”

Mr Noonan said legislation should be introduced to underpin the scheme.

“The scheme has developed on an ad-hoc basis. There is no provision in law for an explicit agreement that an accomplice giving evidence against major criminals will not be prosecuted. This is likely to deter criminals from giving evidence under the scheme.

“Senior judges have warned repeatedly about the way the scheme is operated. In 2003 in the John Gilligan case Judge McCracken stated that the scheme was badly thought out and almost developed a life of its own. This was the first time a witness protection programme had been implemented in this State and one of the most worrying features is that there never seems to have actually been a programme.”

Mr Noonan said one of the most worrying features is the lack of clear guidelines on the package which can be offered to witnesses.

“Unless Mr Mc Dowell confronts this issue it may jeopardise future trials and hamper the State’s efforts to get serious criminals behind bars. There is a strong case for an external review to be conducted by a current or former judge.

“We must draw from the experience of other jurisdictions where certain ground rules have emerged, including the need to separate those responsible for investigating crime from the management of the witness protection scheme."