Victim support groups make call for law reform

VICTIM support groups and Fine Gael have led calls for the mandatory use of victim impact statements in murder trials.

AdVIC, the charity run by families of murder victims, yesterday said legislation should be introduced as a matter of urgency to ensure the victims of crime and their families are entitled to have their voice heard in legal proceedings.

It follows the refusal by the presiding judge, Mr Justice Barry White, in the Brian Kearney murder trial earlier this week to allow a victim impact statement be read in court after the jury had returned its verdict.

The judge said while the Executive introduced legislation which allowed for victim impact statements in some cases, it did not include murder. Mr Justice White explained his decision by pointing out it did not seem proper for the Central Criminal Court to interfere with an order of the Executive.

However, Aisling McLaughlin, a sister of Siobhán Kearney, was later able to read the transcript of the statement outside the court to reporters.

Although the legislation makes no specific reference to the use of victim impact statements in murder cases, they have been widely used to date. However, calls for fresh legislation to govern the use of victim impact statements arose after controversial remarks by Majella Holohan during a victim impact statement she made in court at the sentencing hearing of Midleton student, Wayne O’Donoghue for the manslaughter of her son, Robert.

AdVIC spokeswoman, Joan Deane, said the families of murder victims should be entitled to give a victim impact statement in court.

“I also believe to do it in a courtroom is a safe place to do it because if there is any fallout because of something that might be said, there is enough legal expertise to deal with the situation,” Ms Deane told Newstalk.

Ms Deane claimed the law often appeared to uphold the rights of the accused at a cost to the victim’s family.

AdVIC claim victim impact statements should be allowed as a right rather than being a privilege at the discretion of individual judges.

AdVIC’s view was supported by Fine Gael justice spokesman, Charlie Flanagan, who promised his party would propose new legislation in the Dáil later this year giving victims and their families the automatic right to read a victim impact statement in court.

“The law as it stands does not provide for victim impact statements in murder trials. This is unfair and only serves to further alienate victims or their families from the legal process,” said Mr Flanagan.

Criminal law expert, Paul Anthony McDermott, also supported calls for reform.

Mr McDermott said the accused and other witnesses often attempted to destroy the reputation of the victim. In many cases, the barrister said the family of the victim had no opportunity to refute such claims.

A spokesman for Justice Minister, Brian Lenihan, said the minister was carrying out a review on how the system could be improved.

www.advic.ie

www.justice.ie