Government refuses to scrap no-jury courts

The Government has indicated it is not ready to scrap the no-jury anti-terrorist Dublin Special Criminal Court, introduced 30 years ago following the emergence of the Provisional IRA and other paramilitary organisations.

Justice Minister Michael Justice Mr McDowell defended the use of the three-judge court in the face of what he called “an agenda of evil” that was determined to bring Northern Ireland to a state of “undeclared civil war”.

He made the comment after publishing a report submitted by an independent committee set up to review the Offences Against the State Act, under which the Special Criminal Court operates.

The report pointed to the views of a number of legal experts who believed there was no reasonable justification for the continued existence of the court.

They claimed the arguments in support of the existence of the court “do not stand up to scrutiny in the light of constitutional values and human rights norms”.

The experts also maintained that it was unreasonable to claim that “in contrast to other common law jurisdictions such as the US, England and Australia, Irish social conditions are so perilous as to warrant dispensing with jury trial”.

But Mr McDowell said the court had to be seen in the context of a paramilitary threat, and while jury courts were fundamental to the values of the constitution, the safety of the people was “the supreme law”.

The minister said it was hoped a time would come where jury trial would be the sole means of adjudication.

He added that there were a number of divergent views held in the report and he hoped it would initiate a public debate - but it was too soon to come to any conclusions about the future of the Special Criminal Court.

The Government undertook to review all aspects its emergency legislation and the workings of the Special Criminal Court as part of the Belfast Agreement.

Today’s report by the government-appointed review group was part of that undertaking.

Mr McDowell said it required careful consideration and he would bring proposals to the Government in due course.

The Special Criminal Court has been the venue for most of the major terrorist-linked trials during the years of Northern Ireland-linked disturbances.

Among cases dealt with there were those involving the 1979 murder of Earl Mountbatten and three other people on board their fishing boat off Co Sligo and the 1970s murder of under-cover British soldier Captain Robert Nairac.

At present a number of people linked to the dissident Real IRA terror group responsible for the 1998 Omagh bombing that killed 29 and injured nearly 300, are awaiting trial in the court on a range of alleged offences.