‘Soft judges’ - Gardaí work undone by court rulings

The blunt remarks directed at the judiciary by Justice Minister Michael McDowell in relation to “soft judges” on bail, and the sentences handed down to drug dealers, reflects the public frustration at this week’s events.

In what amounted to a verbal pincer movement, Garda Commissioner Noel Conroy agreed with him.

Venting his own frustration, too, in a week that saw five murders, Mr McDowell was not merely deflecting blame from the Government. In the tragic case of Anthony Campbell, the 20-year-old plumber gunned down while working in a house occupied by a major drugs dealer, his remarks made sense.

Of the 24 people associated with Martin Hyland, who was targeted by rivals, 23 of them had been arrested, but released on bail, despite objections from the gardaí.

Very often the judiciary have been said to fill the legislative role of the Dáil by interpreting loose or fuzzy laws, but on this occasion the minister accused them, or at least some judges, of ignoring the law and being “soft on bail”.

The remarks made at Templemore, at a passing out ceremony for the first of the garda reservists, was calculated because the minister was practically reiterating what he had said in the Dáil the previous night.

Judges, of course, are not above reasonable criticism and the minister yesterday accused them of ignoring the will of the people.

He reminded the judiciary collectively that the people had voted in a referendum for stricter bail laws. The legislature had voted in mandatory minimum 10-year sentences for major drugs offences.

In this case the minister would appear to be quite correct in his remarks because he averred that in up to 80% of drugs cases, judges failed to even impose the minimum term.

Given the viciousness that has been witnessed by the contemptible and callous actions of those in the drugs trade this week, it is inconceivable that mitigating circumstances could be applied in so many cases, if at all.

What is even more astounding is that serious criminals can manipulate the justice system by being facilitated to make bail applications to “soft judges”. The implication is that they are then free to pursue their nefarious, anti-social way of life.

In fact, the minister did not hesitate to bluntly state that it was “a matter of common sense that the ability of An Garda Síochána to deal with persons involved in serious crimes is seriously hampered when persons charged with firearms or drugs offences are freed on bail to commit further offences”.

Garda Commissioner Noel Conroy, agreeing with the minister, said they were happy with the legislation that had been enacted, and he, too, was concerned with the reappearance of some individuals who had been given bail.

What has been highlighted by the minister is a crucial problem and one that has to be addressed by the judiciary itself, because it is futile for the gardaí to bring dangerous criminals to the courts only to see them released back into society.

Alternatively, they are given ridiculously light sentences which do not reflect the seriousness of their crimes.