DPP: Victims’ families will get explanations

FAMILIES of murder and manslaughter victims will be given explanations in future if the Director of Public Prosecutions decides not to press charges against suspects in the case.

The move, to be announced today, ends the policy of strict silence by the DPP on the reasons for his decisions.

The policy will also apply in cases of infanticide, deaths from workplace accidents and fatal road accidents, and may be extended to other serious crimes such as sexual offences.

Explanations will be provided in writing on request to people closely connected with the deceased, such as members of their family or household, their legal or medical advisers or social workers acting on their behalf. Reasons can also be requested where charges were pressed but subsequently withdrawn.

However, the arrangement will only apply to offences committed from today, meaning families who have spoken out in the past will be excluded.

The DPP, James Hamilton, acknowledged that victims and their families at times felt aggrieved by his decisions and the fact that they were not told why they were made. “I understand the desire of victims to understand why prosecutions are not proceeded with and the general need to embrace greater accountability in public administration.”

He is, however, reserving the right to withhold information where a witness, confidential source or secret aspects of Garda work might be jeopardised. And it appears unlikely the changes would assist in cases like that of Cork schoolboy Robert Holohan, whose mother Majella sought reasons why evidence was held back in the trial of his killer, Wayne O’Donoghue.

Mr Hamilton said he was taking a “gradual approach” to change.

“While I appreciate there are those who will be disappointed with what they may see as too cautious an approach, I believe it is prudent to introduce change gradually rather than trying to alter the whole system overnight. A policy change is more likely to succeed if one does not try to do too much all at once.”

The secrecy policy has caused controversy since 1983, when a charge against Malcolm MacArthur for the murder of Donal Dunne was dropped. In more recent years, the family of 23-year-old Adrian Moynihan, who died after an incident inside a Cork nightclub in 2001, sought explanations why no one faced charges in connection with his death.

In 2004, Mr Hamilton broke with convention to apologise to Aidan Brannigan, whose wife died in a car crash. An administrative bungle meant the motorist suspected of causing the pile-up was not charged within legal time limits.