Homicide victims’ families report lack of respect at trial

One in four families of homicide victims feel they were not respected during the trial process.

The finding emerged from a survey by Advocates for Victims of Homicide (AdVIC). One respondent said they felt “non-existent, not respected, like we were nobody”.

AdVIC points out that the lack of respect was often due to the families’ lack of legal standing in the trial process.

An EU directive to ensure victims of crime are treated with respect and receive proper protection, support, and access to justice must be implemented by the Government by November 16.

However, AdVIC is concerned that key issues highlighted in the research will remain unresolved.

The charity points out that although seating for the victim’s family is meant to be reserved in court, this is not always enforced by court ushers.

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The survey, completed by 62 families, revealed that only one in five felt they fully understood the legal process around their case, particularly sentencing.

Less than half (45%) felt that they were kept up to date regarding key decisions affecting the trial of their loved one’s killer. More than half (53%) who made a complaint during legal proceedings did not feel it was dealt with satisfactorily.

Most (86%) families felt that they should be represented at parole hearings and almost all (94%) believe they should be informed of offenders’ release.

AdVIC vice-chairperson John Doane said families of victims of homicide were inadvertent victims of crime, but the law did not recognise their situation. They were invisible because the legal system was concerned with the State and the accused.

“Without any recognition in law there is no requirement to support and indeed protect a person without status within the confines of the court,” said Mr Doane.

“We do not propose any dilution whatsoever of the rights of an accused person to a fair trial, but fairness must now apply equally to victims.”

AdVIC wants information provided to families at all points in the process, from first contact with gardaí, and during and after the trial.

One family complained that they were not given the correct date of one of the initial court appearances and, as a result, never got to hear the guilty plea.

Most homicide victims’ families also felt the rights of the accused were prioritised more than the victim or their family.

Mr Doane said the lack of bereavement counselling available to families was a major concern.

AdVIC has called on Minister for Justice Frances Fitzgerald to state publicly that all the necessary resources will be in place when the EU directive is implemented on November 16, and to outline the services that will be available to victims.

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