Crime gang bosses face life in jail

THE Government has declared war on gangs with members facing non-jury trials and up to life in prison in a radical shakeup of the criminal justice system.

The new laws also allow for secret detention hearings, grants gardaí new powers and further restricts an accused’s right to silence.

The legislation has been heavily criticised by human rights bodies, which said it “tramples on the rule of law”.

They also slammed the fact that such revolutionary powers are being rushed through the Oireachtas within a week.

Provisions in the Criminal Justice (Amendment) Bill 2009, include:

* All organised crime offences will be automatically referred to the non-jury Special Criminal Court.

* A new offence of directing or controlling a criminal organisation, punishable by up to life in prison.

* A new offence of participation or involvement in organised crime, with a possible 15-year sentence on conviction.

* Judges can draw inferences if an accused fails to answer so-called material questions.

* Garda opinion on the existence of criminal gangs will be admissible as evidence.

* Penalties for the intimidation of a witness or juror will be increased from 10 to 15 years.

Detention periods will be extended from 48 hours to seven days and a judge can hold hearings to extend those periods in secret.

Under the legislation, the prosecution doesn’t have to show an actual offence has been carried out. The offence of directing can be applied to gang members at any level, not just the boss.

Post-release orders can be imposed and Irish gangsters committing crimes abroad can be prosecuted here.

Publishing the bill, Justice Minister Dermot Ahern said: “This is groundbreaking legislation. We cannot tolerate a situation where citizens live in fear of crime gangs. This new legislation sends out a clear message to those involved that we are taking you head on.

“These so-called crime lords have shown a blatant disregard for human life and an arrogance that they in some way believe they can operate outside the criminal justice system because of intimidation and threats. This is something we can not and will not tolerate.

“This legislation provides the State with the measures to put these criminals behind bars and help rid law-abiding communities of the scourge of organised crime gangs.”

The legislation is being introduced to the Dáil this Friday and Mr Ahern intends to have it finished before the Dáil rises on Friday, July 10.

The Human Rights Commission said the State had not put forward evidence to show there was a problem with jury intimidation that required moving all organised crime cases to the Special Criminal Court.

It said the legislation would “very severely infringe on the rights of the accused” and attacked the lack of time given to the Oireachtas.