Victim groups: Committee to balance scales of justice unbalanced

VICTIM and civil liberty groups yesterday criticised the composition of a top-level committee tasked with re-balancing the criminal justice system.

The membership of the Expert Review Group was announced by Justice Minister Michael McDowell on Wednesday. It comprises three legal experts, two top civil servants from the Department of Justice and a representative from the DPP’s office and the Attorney General’s office.

The eighth member, former Minister for Justice Nora Owen, is a member of a Department of Justice commission on the victims of crime.

The body has been established to examine aspects of the criminal law with a view to altering the scales of justice in favour of the victim.

“We regret that amongst the impressive cohort of participants in the planned review, from the arena of academia, practice and indeed a former Minister for Justice, there is no explicit representation of the voice of the victim,” said Kate Mulkerrins, legal coordinator of Rape Crisis Network Ireland (RCNI).

“A sad consequence of not listening to the ‘wants’ of victims themselves is the failure to have regard to the many authentic solutions informed by their experience.

“That the system is currently failing victims is an unassailable truth. That victims need to be part of the process of redressing that failure seems an equally obvious truth.”

Ms Mulkerrins said reducing the rights of defendants was not what was required.

“Rather what has always been required is to empower the witness/victim within our court system, support and allow them representation and raise the defendant’s standing in our justice system.”

The Irish Council for Civil Liberties (ICCL) also criticised the composition of the committee.

“It would be plainly preferable if the interests of civil society were also reflected on the group, or, at the very least, in composing the group, an opportunity were to be given to a broader range of people with expertise to put themselves forward,” said ICCL director Mark Kelly.

He said the views of the department were represented at a very high level with two assistant secretaries.

He said he was concerned at Mr McDowell’s reasoning for setting up the body.

“He’s interested in re-balancing the criminal justice system to strike a more appropriate balance between the rights of the accused and the right of the victim.

“It’s highly legitimate to look at ways in which the rights of victims can be enhanced.

“But diminishing the rights of an accused person is not an effective way, under any circumstances, to increase the rights of victims.”

Mr Kelly expressed concern at the early report date of the review — March 1, 2007 — just months before the election.

“I think it’s undesirable that issues of this gravity run the risk of being politicised.”