Anti-gangland laws fail to yield one conviction

No convictions have been secured under anti-gangland legislation enacted in 2009 following an increase in violent deaths and crimes carried out by organised criminals.

Laws were rushed through in the summer of 2009 following public outrage over gangland crime, but contained powers which were heavily criticised by the state’s Human Rights Commission as well as civil liberty and legal groups.

Eight people have been charged under the provisions of the Act: Two for directing a criminal organisation and six for participating in organised crime.

According to figures from the Department of Justice, to the end of January, the legislation has been used on 160 occasions where arrests have been made relating to organised crime activity.

Gardaí said these arrests led to other charges for a range of crimes including firearms offences, those relating to the sale and supply of drugs and drug trafficking, violent disorder and demanding money with menace. Despite concerns, Justice Minister Alan Shatter said he is undertaking a specific review of the Criminal Justice (Amendment) Act 2009 with a view to strengthening it.

Under the amended laws, organised crime offences will be tried in the Special Criminal Court unless the DPP directs otherwise.

Provisions include:

* 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.

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

* Gardaí of any rank will give evidence to support claims that a person is a member of, or is directing, an organised crime gang.

Late in 2009, months after the law was changed, it was reported that senior gardaí and the DPP were keen to test the legislation, though it was expected to be strongly contested in the courts. Two gang figures were arrested — one in Dublin and another in Limerick — and charged but no convictions have been secured.

Mr Shatter also intends to bring forward proposals for changes in the proceeds of crime legislation, to increase the powers available to the Criminal Assets Bureau.

“Financial gain will always be a focus of organised criminal activity and measures that target the proceeds of such activity are key to tackling such operations.

“Where there is an identified requirement for additional legislative provisions to further enhance existing provisions tackling organised crime, I will not hesitate in bringing forward proposals.”